Appellate Division: Second Judicial Department

M300442

KS/

ANGELA G. IANNACCI, J.P.

LARA J. GENOVESI

LILLIAN WAN

CARL J. LANDICINO, JJ.

2023-10679 Jefferson Fares, appellant, v Columbia New York 41st Street Office Properties, LLC, et al., respondents, et al., defendants (and a third-party action). (Index No. 712604/2019)

DECISION & ORDER ON MOTION

2024-02683

Jefferson Fares, respondent-appellant, v Columbia

New York 41st Street Office Properties, LLC,

defendant-appellant-respondent, Columbia Office

Partners LLC, respondent, Clarion Partners LLC,

et al., defendants, NYCAN Builders LLC, defendant

third-party plaintiff-appellant-respondent; Citiwide

Industries, Corp., third-party defendant, M & A Scrap

Metal Corp., third-party defendant-appellant-respondent.

(Index No. 712604/2019)

2024-02685

Jefferson Fares, appellant, v Columbia New

York 41st Street Office Properties, LLC, et al.,

respondents, et al., defendants

(and a third-party action).

(Index No. 712604/2019)

Appeal from an order of the Supreme Court, Queens County, dated June 14, 2023, appeals and cross-appeal from an order of the same court dated December 26, 2023, and appeal from an order of the same court dated February 16, 2024. Motion by Jefferson Fares to consolidate the appeals and to extend the time to perfect his 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 branch of the motion which is to consolidate the appeal from the order dated June 14, 2023, with the appeal from the order dated February 16, 2024, is denied as unnecessary as those appeals may be consolidated as of right (see 22 NYCRR 1250.9[f][3]); and it is further,

ORDERED that the branch of the motion which is to consolidate the appeals from the orders dated June 14, 2023, and February 16, 2024, with the appeals and cross-appeal from the order dated December 26, 2023, is denied; and it is further,

ORDERED that on the Court's own motion, the appeals from the orders dated June 14, 2023, and February 16, 2024, will be calendared together with the appeals and cross-appeal from the order dated December 26, 2023, and argued or submitted on the same date; and it is further,

ORDERED that the branch of the motion which is to extend the time to perfect the appeals from the orders dated June 14, 2023, and February 16, 2024, is granted, and on or before December 2, 2024, Jefferson Fares shall serve and file the record or appendix and his 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 branch of the motion which is to extend the time to perfect the cross-appeal from the order dated December 26, 2023, is denied as premature.

IANNACCI, J.P., GENOVESI, WAN and LANDICINO, JJ., concur.

ENTER:

Darrell M. Joseph

Clerk of the Court