Appellate Division: Second Judicial Department

M300007

KS/COLLEEN D. DUFFY, J.P.

LINDA CHRISTOPHER

BARRY E. WARHIT

JANICE A. TAYLOR, JJ.

2023-08150, 2024-02988 In the Matter of Centurion Companies, Inc., respondent, v Bowne Tech Construction Corp., appellant. (Index No. 31560/2023)

DECISION & ORDER ON MOTION

Appeals from an order and a judgment of the Supreme Court, Rockland County, dated July 17, 2023, and August 7, 2023, respectively. Motion by the respondent to dismiss the appeal from the order, in effect, on the ground that the right of direct appeal from the order terminated upon entry in the above-entitled proceeding of the judgment, and to dismiss the appeal from the judgment as untimely taken or, in the alternative, to extend the time to serve and file a brief. Cross-motion by the appellant for an award of costs and to impose sanctions against the respondent.

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

ORDERED that the branch of the motion which is to dismiss the appeal from the order, in effect, on the ground that the right of direct appeal from the order terminated upon entry in the above-entitled proceeding of the judgment is held in abeyance and referred to the panel of Justices hearing the appeals for determination upon the argument or submission thereof; and it is further,

ORDERED that the branch of the motion which is to dismiss the appeal from the judgment as untimely taken is denied; and it is further,

ORDERED that the branch of the motion which is to extend the time to serve and file a brief is denied as academic, as the respondent's brief has been timely served and filed; and it is further,

ORDERED that the cross-motion is denied.

DUFFY, J.P., CHRISTOPHER, WARHIT and TAYLOR, JJ., concur.

ENTER:

Darrell M. Joseph

Clerk of the Court