Appellate Division: Second Judicial Department

M292294

KS/

HECTOR D. LASALLE, P.J.

CHERYL E. CHAMBERS

LINDA CHRISTOPHER

JANICE A. TAYLOR, JJ.

2022-05870 Celena Raspberry, plaintiff-respondent, v Best Western JFK Airport Hotel, et al., defendants third-party plaintiffs-appellants, Sterling & CIE, LLC, defendant-respondent; Acacia Network Housing, Inc., third-party defendant-respondent. (Index No. 719202/2019)

DECISION & ORDER ON MOTION

2022-05871

Celena Raspberry, plaintiff-respondent, v Best

Western JFK Airport Hotel, et al., defendants

third-party plaintiffs-respondents, Sterling

& CIE, LLC, defendant; Acacia Network

Housing, Inc., third-party defendant-appellant.

(Index No. 719202/2019)

Appeals from two orders of the Supreme Court, Queens County, both entered July 11, 2022. Motion by the plaintiff-respondent to extend the time to serve and file a brief in connection with the appeal under Appellate Division Docket No. 2022-05871 and, in effect, to calendar and determine the appeals together.

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

ORDERED that the branch of the motion which is to extend the time to serve and file a brief in connection with the appeal under Appellate Division Docket No. 2022-05871 is granted, and on or before December 15, 2023, the plaintiff-respondent shall serve and file her respondent's brief in connection with the appeal under Appellate Division Docket No. 2022-05871 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 which is to calendar and determine the appeals together is granted, and the appeals will be calendared together and will be argued or submitted on the same date; and it is further,

ORDERED that, on the Court's own motion, in the event that the plaintiff-respondent serves and files a brief in connection with the appeal under Appellate Division Docket No. 2022-05871, the appellant Acacia Network Housing, Inc. may serve and file a replacement reply brief in connection with the appeal under Appellate Division Docket No. 2022-05871 containing both the appellant's contentions in reply to the brief filed by the defendants third-party plaintiffs-respondents as well as the appellant's contentions in reply to the brief filed by the plaintiff-respondent, on or before December 26, 2023, via NYSCEF, if applicable, or, if NYSCEF is not mandated, serve the replacement reply brief and upload a digital copy of the replacement reply brief, with proof of service thereof, through the digital portal on this Court's website, and, upon the filing of the replacement reply brief, the appellant's previously filed reply brief will be stricken.

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

ENTER:

Darrell M. Joseph

Acting Clerk of the Court