Appellate Division: Second Judicial Department

M294882

ID/

FRANCESCA E. CONNOLLY, J.P.

JOSEPH J. MALTESE

WILLIAM G. FORD

LAURENCE L. LOVE, JJ.

2023-06926 Lehi Alejandro Nunez Merlo, et al., appellants-respondents, v 49 Grove Realty LLC, et al., defendants third-party plaintiffs- respondents; Mid-State Construction Corp., third-party defendant respondent-appellant (and a second third-party action). (Index No. 54711/2021)

DECISION & ORDER ON MOTION

Appeal and cross-appeal from an order of the Supreme Court, Westchester County, dated March 22, 2023. The cross-appeal was deemed dismissed pursuant to 22 NYCRR 1250.10(a). Motion by the respondent-appellant pursuant to 22 NYCRR 1250.10(c) to vacate the dismissal of the cross-appeal and to extend the time to perfect the cross-appeal.

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 by the respondent-appellant is granted, the dismissal of the cross-appeal pursuant to 22 NYCRR 1250.10(a) is vacated, and on or before April 12, 2024, the respondent-appellant shall serve and file its answering brief, including the points of argument on the cross-appeal (see 22 NYCRR 1250.9[f][1][iv]), via NYSCEF, if applicable, or if NYSCEF is not mandated, serve the answering brief and upload a digital copy of the answering brief, with proof of service thereof, through the digital portal on this Court's website.

CONNOLLY, J.P., MALTESE, FORD and LOVE, JJ., concur.

ENTER:

Darrell M. Joseph

Acting Clerk of the Court