Appellate Division: Second Judicial Department

M295824

AFA/

MARK C. DILLON, J.P.

ROBERT J. MILLER

DEBORAH A. DOWLING

HELEN VOUTSINAS, JJ.

2020-06787 Dariusz Hrychorczuk, plaintiff-respondent, v 1677 43rd Street, LLC, defendant/third-party plaintiff/third third-party plaintiff-respondent, BBM Construction Corp., defendant/third-party defendant/second third-party plaintiff-appellant; Gilmar Design Corporation, second third-party defendant/third third-party defendant-respondent. (Index No. 502912/2017)

DECISION & ORDER ON MOTION

2023-04947

Dariusz Hrychorczuk, plaintiff-respondent,

v 1677 43rd St., LLC, defendant/third-party

plaintiff/third third-party plaintiff-appellant-

respondent, BBM Construction Corp., defendant/

third-party defendant/second third-party plaintiff-

respondent-appellant; Gilmar Design Corporation,

second third-party defendant/third third-party

defendant-respondent.

(Index No. 502912/2017)

Appeal from an order of the Supreme Court, Kings County, dated August 3, 2020, and appeal and cross-appeal from a judgment of the same court dated April 5, 2023. The appeal from the judgment was deemed dismissed pursuant to 22 NYCRR 1250.10(a). Motion by BBM Construction Corp., in effect, to extend the time to perfect the cross-appeal from the judgment, to consolidate the appeal from the order with the cross-appeal from the judgment, and for leave to serve and file a supplemental record containing the judgment.

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 branch of the motion which is to extend the time to perfect the cross-appeal from the judgment is granted, the cross-appeal is deemed to be an appeal from the judgment, and on or before May 17, 2024, BBM Construction Corp. 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; and it is further,

ORDERED that the branches of the motion which are to consolidate the appeals and for leave to serve and file a supplemental record containing the judgment are denied; and it is further,

ORDERED that on the Court's own motion, the appeals will be calendared together and will be argued or submitted on the same date.

DILLON, J.P., MILLER, DOWLING and VOUTSINAS, JJ., concur.

ENTER:

Darrell M. Joseph

Clerk of the Court