Appellate Division: Second Judicial Department

M282469

AFA/

BETSY BARROS, J.P.

REINALDO E. RIVERA

ROBERT J. MILLER

DEBORAH A. DOWLING, JJ.

2021-00953 John Andrezzi, appellant-respondent, v Sprint Spectrum, L.P., et al., defendants third-party plaintiffs-respondents-appellants, D.H. Pace Company, Inc., third-party defendant-respondent-appellant, CBRE, Inc., et al., third-party defendants-respondents. (Index No. 503175/2016)

DECISION & ORDER ON MOTION

Appeal and cross appeals from an order of the Supreme Court, Kings County, dated January 11, 2021. Motion by the respondent-appellant D.H. Pace Company, Inc., to amend the caption, to extend the time to serve and file a brief on its cross appeal, and to set a briefing schedule. Separate motion by the respondents CBRE, Inc., and CB Richard Ellis, Inc., for an extension of time to serve and file a brief and to set a briefing schedule.

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

ORDERED that the branch of the motion by respondent-appellant D.H. Pace Company, Inc., to amend the caption is denied; and it is further,

ORDERED that the branch of the motion by respondent-appellant D.H. Pace Company, Inc., to extend the time to serve and file a brief is granted, the respondent-appellant D.H. Pace's time to serve and file a brief is extended, and on or before May 16, 2022, the respondent-appellant D.H. Pace Company Inc. shall serve and file its brief 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 branch of the motion by respondents CBRE, Inc., and CB Richard Ellis, Inc., for an extension of time to file a respondents' brief is denied as premature; and it is further,

ORDERED that the motions are otherwise denied.

BARROS, J.P., RIVERA, MILLER and DOWLING, JJ., concur.

ENTER:

Maria T. Fasulo

Clerk of the Court