J.G. An Infact Under the Age of Fourteen v Fortress CD LLC Ian Brown and Harlem

Motion No: M-2345

Slip Opinion No: 2020 NYSlipOp 71329(U)

Decided on September 10, 2020

Appellate Division, First Department, Motion Decision

Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.

This motion is uncorrected and is not subject to publication in the Official Reports.

September 10, 2020

J.G., An Infact Under the Age of Fourteen

(14) Years, by his Mother and Natural

Guardian, Quaisha Kelly, and Quaisha

Kelly, Individually,

Plaintiffs-Appellants,

v

Fortress CD LLC, Ian Brown and Harlem

United Community Aids Center, Inc.,

Defendants-Respondents,

Andrew Prince,

Defendant.

Fortress CD LLC and Ian Brown, Third-Party Plaintiffs, v

Harlem United Community Aids Center, Inc., Third-Party Defendant.

------------------------------------------X

Fortress CD LLC and Ian Brown, Second Third-Party Plaintiffs, v

N & J Home Improvement Corp., Second Third-Party Defendant-Respondent,

A Pacific Environmental Corp. and Pacific

Environmental Corp., Second Third-Party Defendants.

-------------------------------------------X Three separate appeals having been taken from an order of the Supreme Court, Bronx County, entered on or about September 13, 2019 and two separate orders, same Court, entered on or about

February 7, 2020, And plaintiff-appellant having moved for an extension of time in which to perfect the three appeals, Now, upon reading and filing the papers with respect to the motion, and due deliberation having been had thereon, It is ordered that the motion is deemed an application, pursuant to 22 NYCRR 1250.10(c), to vacate the dismissal of the appeal taken from the order entered on or about September 13, 2019 and, as such, is granted, the dismissal is vacated, the appeal reinstated, and the time to perfect the appeals from all three of the aforementioned orders is extended to the February 2021 Term of this Court. ENTERED: September 10, 2020

_____________________ CLERK

Present - Hon. Rolando T. Acosta, Presiding Justice, Judith J. Gische Troy K. Webber Ellen Gesmer Jeffrey K. Oing, Justices

M-2345

Index No. 350149/13