Appellate Division: Second Judicial Department

M293037

AFA/

MARK C. DILLON, J.P.

ROBERT J. MILLER

BARRY E. WARHIT

LOURDES M. VENTURA, JJ.

2022-04260 Metro Foundation Contractors, Inc., appellant, v M.A. Angeliades, Inc., et al., respondents, et al., defendants. (Index No. 718216/2020)

DECISION & ORDER ON MOTION

Appeal from an order of the Supreme Court, Queens County, dated November 19, 2021. Motion by the appellant to extend the time to serve and file a reply brief. By order to show cause dated October 27, 2023, the parties were directed to show cause before this Court why an order should or should not be made and entered dismissing the appeal in the above-entitled action on the ground that no appeal lies as of right from an order denying reargument, and the appellant's motion was held in abeyance in the interim,

Now, upon the order to show cause and the papers filed in response thereto, and upon the papers filed in support of the motion and no papers having been filed in opposition or in relation thereto, it is

ORDERED that the motion to dismiss the appeal 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 motion to extend the time to serve and file a reply brief is granted, and on or before December 30, 2023, the appellant shall serve and file the reply brief via NYSCEF, if applicable, or if NYSCEF is not mandated, serve the reply brief and upload a digital copy of the reply brief, with proof of service thereof, through the digital portal on this Court's website.

DILLON, J.P., MILLER, WARHIT and VENTURA, JJ., concur.

ENTER:

Darrell M. Joseph

Acting Clerk of the Court