Supreme Court of the State of New York, Appellate Division : Second Judicial Department

April 10, 2026

2024-09012, 600696/2020

Hector D. Lasalle, P.J.

Cheryl E. Chambers

Janice A. Taylor

Phillip Hom, JJ.

[*1]

DECISION & ORDER ON MOTION nt.

2025-12163

Edwin Luke, respondent-appellant, v Park East

Construction Corp., et al., defendants third-party

plaintiffs/second third-party plaintiffs-appellants-

respondents, Amityville Union Free School District,

defendant-appellant-respondent; Giaquinto

Masonry, Inc., third-party defendant/third third-party

plaintiff-respondent-appellant; More Consulting Corp.,

second third-party defendant; Certified Interiors, Inc., third

third-party defendant-appellant.

(Index No. 600696/2020)

Appeals and cross-appeals from two orders of the Supreme Court, Suffolk County, dated June 14, 2024, and September 26, 2025, respectively. Motion by Park East Construction Corp., V.R.D. Contracting, Inc., V.R.D. Builders Corp., Amityville Union Free School District, and Certified Interiors Inc., in effect, to stay the trial in the above-entitled action, pending hearing and determination of the appeals and cross-appeal from the order dated September 26, 2025. Motion by Edwin Luke to extend the time to serve and file a brief on the appeals and cross-appeal from the order dated September 26, 2025. Separate motion by Park East Construction Corp., V.R.D. Contracting, Inc., V.R.D. Builders Corp., Amityville Union Free School District, and Certified Interiors Inc. to consolidate the appeals and cross-appeals. Separate motion by Park East Construction Corp., V.R.D. Contracting, Inc., V.R.D. Builders Corp., Amityville Union Free School District, and Certified Interiors Inc., inter alia, in effect, to dismiss the appeal from the order dated June 14, 2024, on the ground that Edwin Luke is not aggrieved (see CPLR 5511).

Upon the papers filed in support of the motions and the papers filed in opposition thereto, it is

ORDERED that the motion by Edwin Luke to extend the time to serve and file a brief on the appeals and cross-appeal from the order dated September 26, 2025, is granted, and on or before June 9, 2026, Edwin Luke shall serve and file his respondent's brief on the appeals and cross-appeal from the order dated September 26, 2025, via NYSCEF, if applicable, or, if NYSCEF is not mandated, serve the brief and upload a digital copy of the brief, with proof of service thereof, through the digital portal on this Court's website; and it is further,

ORDERED that no further extension of time shall be granted; and it is further,

ORDERED that on the Court's own motion, the appeals and cross-appeals will be calendared together and will be argued or submitted on the same date; and it is further,

ORDERED that the motions are otherwise denied.

LASALLE, P.J., CHAMBERS, TAYLOR and HOM, JJ., concur.

ENTER:

Darrell M. Joseph

Clerk of the Court