Appellate Division: Second Judicial Department

M280957

MB/

BETSY BARROS, J.P.

REINALDO E. RIVERA

JOSEPH J. MALTESE

WILLIAM G. FORD, JJ.

2021-01672 Omorfoula Treskas, respondent-appellant, et al., plaintiff, v Style & Care, Inc., et al., defendants, CSPN Builders, Inc., etc., et al., defendants third-party plaintiffs, Persi Contracting Corp., appellant-respondent; Pei Engineering, P.C., et al., third-party defendants-respondents, et al., third-party defendants. (Index No. 709446/2018)

DECISION & ORDER ON MOTION

2021-06404

Omorfoula Treskas, respondent, et al., plaintiff,

v Style & Care, Inc., et al., defendants,

CSPN Builders, Inc., etc., et al., appellants

(and a third-party action).

(Index No. 709446/2018)

2021-08422

Omorfoula Treskas, et al., respondents,

v Style & Care, Inc., et al., defendants,

Persi Contracting Corp., et al., appellants

(and a third-party action).

(Index No. 709446/2018)

Appeal by Persi Contracting Corp., and cross appeal by Omorfoula Treskas, from an order of the Supreme Court, Queens County, dated January 4, 2021, appeal by Persi Contracting Corp., and separate appeal by CSPN Builders, Inc., CSPN Paliuras Construction Corp., and Spiro Paliuras, from an order of the same court dated June 28, 2021, and appeal by Persi Contracting Corp., and Michael Persichilli from an order of the same court dated October 8, 2021. Motion by Persi Contracting Corp. and Michael Persichilli to consolidate the appeals and cross appeal, for leave to serve and file a supplemental record, and to extend the time to perfect the appeals.

Upon the papers filed in support of the motion and no papers having been filed in opposition or in relation thereto, it is

ORDERED that the branches of the motion which are to consolidate the appeals and cross appeal, and for leave to serve and file a supplemental record is denied; and it is further,

ORDERED that on the Court's own motion, the appeal and cross appeal from the order dated January 4, 2021, the appeals from the order dated June 28, 2021, and the appeal from the order dated October 8, 2021, will be calendared together and will be argued or submitted on the same date; and it is further,

ORDERED that the branch of the motion which is to extend the time of Persi Contracting Corp. to perfect its appeal from the order dated January 4, 2021, is granted to the extent that its time to serve and file a brief in connection with its appeal from that order is extended, on or before February 28, 2022, Persi Contracting Corp. shall serve and file its brief in connection with its appeal from the order dated January 4, 2021, via NYSCEF, if applicable, or, if NYSCEF is not mandated, serve its brief and upload a digital copy of its brief, with proof of service thereof, through the digital portal on this Court's website, and that branch of the motion is otherwise denied as unnecessary as the joint record has been timely served and filed; and it is further,

ORDERED that the branch of the motion which is to extend the time to perfect the appeals from the orders dated June 28, 2021, and October 8, 2021, is denied as premature, as the time to perfect those appeals does not expire until February 28, 2022, and May 11, 2022, respectively (see 22 NYCRR 1250.9[a]).

BARROS, J.P., RIVERA, MALTESE and FORD, JJ., concur.

ENTER:

Maria T. Fasulo

Clerk of the Court