| Zuniga v 625 Halsey, LLC |
| Motion No: 2023-01263 |
| Slip Opinion No: 2024 NY Slip Op 80561(U) |
| Decided on December 18, 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. |
Appellate Division: Second Judicial Department
M301553
ID/
BETSY BARROS, J.P.
DEBORAH A. DOWLING
LOURDES M. VENTURA
JAMES P. MCCORMACK, JJ.
|
2023-01263 Victor A. Sigenza Zuniga, respondent, v 625 Halsey, LLC, defendant third-party plaintiff, D & G Construction NY Inc., defendant third-party defendant/second third-party plaintiff/third third-party plaintiff-appellant; RM Construction and Development Corp., second third-party defendant-respondent; Arevalos Construction Corp., third-party defendant-appellant (and a fourth third-party action). (Index No. 525911/2018)
| DECISION & ORDER ON MOTION |
Appeals from an order of the Supreme Court, Kings County, dated January 6, 2023. By decision and order on application of this Court dated April 15, 2024, the appeal by 625 Halsey, LLC was withdrawn. The appeals by Arevalos Construction Corp. and D & G Construction NY Inc. were deemed dismissed pursuant to 22 NYCRR 1250.10(a). Motion by the appellant D & G Construction NY Inc. pursuant to 22 NYCRR 1250.10(c) to vacate the dismissal of its appeal and to extend the time to perfect its 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 denied.
BARROS, J.P., DOWLING, VENTURA and MCCORMACK, JJ., concur.
ENTER:
Darrell M. Joseph
Clerk of the Court