Appellate Division: Second Judicial Department

M291480

AFA/

ROBERT J. MILLER, J.P.

WILLIAM G. FORD

DEBORAH A. DOWLING

CARL J. LANDICINO, JJ.

2022-06105 Jose A. Santiago, appellant, v 527 Grand LLC, defendant third-party plaintiff-respondent, Euro Elite Construction Corp., et al., defendants-respondents; Dominga Perez, third-party defendant-respondent. (Index No. 512224/2018)

DECISION & ORDER ON MOTION

Appeal from an order of the Supreme Court, Kings County, dated March 30, 2022. Motion by the defendant-respondent New York Paving, Inc., to dismiss the appeal on the ground that no appeal lies from an order denying a motion for reargument and pursuant to Bray v Cox (38 NY2d 350). Application by the appellant to extend the time to perfect the appeal.

Upon the papers filed in support of the motion and the papers filed in relation thereto, and upon the papers filed in support of the application and the papers filed in opposition thereto, it is

ORDERED that the motion is held in abeyance and referred to the panel of Justices hearing the appeal for determination upon the argument or submission thereof; and it is further,

ORDERED that the application is granted, and on or before December 11, 2023, the appellant shall serve and file the record or appendix and the appellant's brief via NYSCEF, if applicable, or, if NYSCEF is not mandated, serve the record or appendix and the appellant's brief and upload digital copies of the record or appendix and the appellant's brief, with proof of service thereof, through the digital portal on this Court's website.

MILLER, J.P., FORD, DOWLING and LANDICINO, JJ., concur.

ENTER:

Darrell M. Joseph

Acting Clerk of the Court