| Cortazar v Cojam Construction, Inc. |
| Motion No: 2021-04363 |
| Slip Opinion No: 2022 NY Slip Op 63256(U) |
| Decided on March 18, 2022 |
| Appellate Division, Second 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. |
Appellate Division: Second Judicial Department
M281960
MB/
FRANCESCA E. CONNOLLY, J.P.
REINALDO E. RIVERA
ROBERT J. MILLER
PAUL WOOTEN, JJ.
|
2021-04363 Vincent Cortazar, et al., respondents, v Cojam Construction, Inc., et al., appellants. (Index No. 700493/2017)
| DECISION & ORDER ON MOTION |
Appeal from an order of the Supreme Court, Queens County, dated March 31, 2021. Motion by the respondents to dismiss the appeal as untimely taken and upon the ground that the right of direct appeal from the order terminated upon entry in the above-entitled action of a judgment of the same court, entered April 26, 2021, or alternatively, to extend the time to serve and file a respondent's brief. Separate motion by the appellants to stay enforcement of a money judgment and to quash certain subpoenas.
Upon the papers filed in support of the respondents' motion and the papers filed in opposition thereto and upon the papers filed in support of the appellants' motion and the papers filed in opposition thereto, it is
ORDERED that on the Court's own motion, the notice of appeal from the order dated March 31, 2021, is deemed to be a notice of appeal from the judgment (see CPLR 5512[a]), the record and the appellants' brief filed in connection with the appeal from the order are deemed to be filed in connection with the appeal from the judgment, and on or before April 18, 2022, the appellants shall serve and file a supplemental record containing the judgment; and it is further,
ORDERED that the branch of the respondents' motion which is to dismiss the appeal is denied; and it is further,
ORDERED that the branch of the respondents' motion which is to extend the respondents' time to serve and file a brief is granted, the respondents' time to serve and file a brief is extended until May 18, 2022, and the respondents' brief shall be served and filed on or before that date 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 the appellants' motion is denied.
CONNOLLY, J.P., RIVERA, MILLER and WOOTEN, JJ., concur.
ENTER:
Maria T. Fasulo
Clerk of the Court