Advanced Framers and Interiors LLC v Sunshine Construction USA Inc.
Motion No: 2023-12082
Slip Opinion No: 2024 NY Slip Op 77271(U)
Decided on October 25, 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

M300236

ID/

FRANCESCA E. CONNOLLY, J.P.

LARA J. GENOVESI

BARRY E. WARHIT

LAURENCE L. LOVE, JJ.

2023-12082

Advanced Framers and Interiors LLC,

appellant-respondent, v Sunshine Construction

USA Inc., et al., defendants, 209 Montrose LLC,

et al., respondents-appellants.

(Index No. 507205/2021)

DECISION & ORDER ON MOTION

Appeal and cross-appeal from a judgment of the Supreme Court, Kings County, dated September 28, 2023. The cross-appeal was deemed dismissed pursuant to 22 NYCRR 1250.10(a). Motion by the respondents-appellants 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 is granted, the dismissal of the cross-appeal pursuant to 22 NYCRR 1250.10(a) is vacated, and on or before November 25, 2024, the respondents-appellants shall and serve and file their 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., GENOVESI, WARHIT and LOVE, JJ., concur.

ENTER:

Darrell M. Joseph

Clerk of the Court