Appellate Division: Second Judicial Department

M302174

AFA/

COLLEEN D. DUFFY, J.P.

PAUL WOOTEN

BARRY E. WARHIT

PHILLIP HOM, JJ.

2023-10520 Tara Fitzgerald, appellant-respondent, v Monroe Beach Inc., et al., defendants third-party plaintiffs respondents-appellants; Lined Up Construction, Inc., defendant third- party defendant-respondent. (Index No. 610515/2021)

DECISION & ORDER ON MOTION

2024-05972

Tara Fitzgerald, respondent-appellant,

v Monroe Beach Inc., et al., defendants

third-party plaintiffs appellants-respondents;

Lined Up Construction, Inc., defendant third-

party defendant.

(Index No. 610515/2021)

Appeals and cross-appeals from two orders of the Supreme Court, Nassau County, dated September 26, 2023, and March 5, 2024, respectively. Motion by Tara Fitzgerald, inter alia, to consolidate the appeals and cross-appeals. Cross-motion by Monroe Beach Inc. and Monroe Beach Owners Corp., inter alia, to consolidate the appeals and cross-appeals. By order to show cause dated November 13, 2024, the parties to the appeals and cross-appeals were directed to show cause before this Court why an order should or should not be made and entered dismissing the appeal and cross-appeal from the order dated March 5, 2024, on the ground that no appeal lies from an order denying reargument, and the branches of the motion by Tara Fitzgerald, and cross-motion by Monroe Beach Inc. and Monroe Beach Owners Corp., which were to consolidate the appeals and cross-appeals were held in abeyance in the interim. Separate motion by Tara Fitzgerald to extend the time to perfect the appeal from the order dated September 26, 2023, and the cross-appeal from the order dated March 5, 2024. Application by Monroe Beach Inc. and Monroe Beach Owners Corp. to extend the time to perfect the appeal from the order dated March 5, 2024.

Now, upon the order to show cause and the papers filed in response thereto, the papers filed in support of the motion by Tara Fitzgerald, inter alia, to consolidate the appeals and cross-appeals and the cross-motion by Monroe Beach Inc. and Monroe Beach Owners Corp, inter alia, to consolidate the appeals and cross-appeals and the papers filed in opposition thereto, the papers filed in support of the motion by Tara Fitzgerald to extend the time to perfect the appeal from the order dated September 26, 2023, and the cross-appeal from the order dated March 5, 2024, and the application by Monroe Beach Inc. and Monroe Beach Owners Corp. and no papers having been filed in opposition or in relation thereto, it is

ORDERED that the motion to dismiss the appeals and cross-appeals from the order dated March 5, 2024, on the ground that no appeal lies from an order denying reargument is held in abeyance and referred to the panel of Justices hearing the appeals and cross-appeals for determination upon the argument or submission thereof; and it is further,

ORDERED that the branch of the motion by Tara Fitzgerald which is to consolidate the appeals and cross-appeals, and the branch of the cross-motion by Monroe Beach Inc. and Monroe Beach Owners Corp., which is to consolidate the appeals and cross-appeals are denied; and it is further,

ORDERED that on the Court's own motion, the appeals and cross-appeals will be calendared together and will be argued or submitted on the same date; and it is further,

ORDERED that the branch of the motion by Tara Fitzgerald which is to extend the time to perfect the appeal from the order dated September 26, 2023, is granted, and on or before February 14, 2025, Tara Fitzgerald shall serve and file the joint record or appendix and her appellant-respondent's brief via NYSCEF, if applicable, or, if NYSCEF is not mandated, serve the joint record or appendix and the appellant-respondent's brief and upload digital copies of the joint record or appendix and the appellant-respondent'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 by Tara Fitzgerald which is to extend the time to perfect the cross-appeal from the order dated March 5, 2024, is denied as premature; and it is further,

ORDERED that the application by Monroe Beach Inc. and Monroe Beach Owners Corp. to extend the time to perfect the appeal from the order dated March 5, 2024, is granted, and on or before February 14, 2025, Monroe Beach Inc. and Monroe Beach Owners Corp. shall serve and file the joint record or appendix and its brief via NYSCEF, if applicable, or, if NYSCEF is not mandated, serve the joint record or appendix and its brief and upload digital copies of the joint record or appendix and its brief, with proof of service thereof, through the digital portal on this Court's website.

DUFFY, J.P., WOOTEN, WARHIT and HOM, JJ., concur.

ENTER:

Darrell M. Joseph

Clerk of the Court