Sandoval v Trump Plaza Owners, Inc.
Motion No: 2023-08482
Slip Opinion No: 2024 NY Slip Op 72412(U)
Decided on August 9, 2024
Appellate Division, Second Department, Motion Decision
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
This motion is uncorrected and is not subject to publication in the Official Reports.


Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M298393

ID/

VALERIE BRATHWAITE NELSON, J.P.

LINDA CHRISTOPHER

LARA J. GENOVESI

CARL J. LANDICINO, JJ.

2023-08482

Ramon Nicolas Sandoval, plaintiff-respondent,

v Trump Plaza Owners, Inc., et al.,

defendants-appellants, Peter Katsihtis, et al.,

defendants-respondents, et al., defendants

(and third-party actions).

(Index No. 703255/2015)

DECISION & ORDER ON MOTION

2023-08486

Ramon Nicolas Sandoval, plaintiff-respondent,

v Trump Plaza Owners, Inc., et al., defendants/

third-party plaintiffs/second third-party

plaintiffs-appellants, Peter Katsihtis, defendant/

third-party defendant/third third-party

plaintiff-respondent, American Apparel Retail, Inc.,

defendant/second third-party defendant/fourth

third-party plaintiff-respondent, et al., defendants;

Arcon Construction Group, Inc., third third-party

defendant-respondent, Townhouse Builders Inc.,

fourth third-party defendant-respondent.

(Index No. 703255/2015)

2023-08502

Ramon Nicolas Sandoval, plaintiff-respondent,

v Trump Plaza Owners, Inc., et al., defendants

third-party plaintiffs appellants-respondents,

Peter Katsihtis, defendant third-party

defendant-respondent, American Apparel

Retail, Inc., defendant respondent-appellant,

et al., defendants

(and other third-party actions).

(Index No. 703255/2015)

Appeals from two orders of the Supreme Court, Queens County, both dated June 30, 2023, and appeal and cross-appeal from an order of the same court dated June 30, 2023, which were deemed dismissed pursuant to 22 NYCRR 1250.10(a). Motion by Trump Plaza Owners, Inc. and Trump Plaza, LLC pursuant to 22 NYCRR 1250.10(c) to vacate the dismissal of their appeals and to extend the time to perfect their appeals.

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 is granted, the dismissal of the appeals by Trump Plaza Owners, Inc. and Trump Plaza, LLC pursuant to 22 NYCRR 1250.10(a) is vacated, and on or before September 9, 2024, Trump Plaza Owners, Inc. and Trump Plaza, LLC shall and serve and file the records or appendices and their appellants' briefs via NYSCEF, if applicable, or, if NYSCEF is not mandated, serve the records or appendices and their appellants' briefs and upload digital copies of the records or appendices and their appellants' briefs, with proof of service thereof, through the digital portal on this Court's website.

BRATHWAITE NELSON, J.P., CHRISTOPHER, GENOVESI and LANDICINO, JJ., concur.

ENTER:

Darrell M. Joseph

Clerk of the Court