Appellate Division: Second Judicial Department

M304689

AFA/

FRANCESCA E. CONNOLLY, J.P.

HELEN VOUTSINAS

CARL J. LANDICINO

PHILLIP HOM, JJ.

2024-07795, 2024-07801, 2024-07804 Jose Rolando Urena-Quezada, et al., plaintiffs appellants-respondents, v 2109 Borden Avenue Owner, LLC, defendant- respondent, Approved Plumbing and Fire Protection LLC, defendant respondent- appellant, et al., defendants (and a third-party action) (Appeal No. 1) Jose Rolando Urena-Quezada, et al., plaintiffs appellants-respondents, v 2109 Borden Avenue Owner, LLC, defendant respondent-appellant, Approved Plumbing and Fire Protection LLC, defendant-respondent, et al., defendants (and a third-party action). (Appeal No. 2) Jose Rolando Urena-Quezada, et al., appellants, v 2109 Borden Avenue Owner, LLC, et al., respondents, et al., defendants (and a third-party action). (Appeal No. 3) (Index No. 700978/2018)

DECISION & ORDER ON MOTION .

2024-07799

Jose Rolando Urena-Quezada, et al.,

plaintiffs-respondents, v 2109 Borden Avenue

Owner, LLC, defendant-respondent,

Lifetime Plumbing LLC, appellant, et al.,

defendants (and a third-party action).

(Index No. 700978/2018)

Appeals and cross-appeals from two orders of the Supreme Court, Queens County, both dated February 29, 2024, and appeals from two orders of the same court dated February 29, 2024. Motion by 2109 Borden Avenue Owner, LLC to consolidate the appeals and cross-appeals and, in effect, to extend the time to serve and file an answering brief in connection with the appeal and cross-appeal pending under Appellate Division Docket No. 2024-07801. Motion by Lifetime Plumbing LLC to consolidate the appeals and cross-appeals and to extend the time to perfect the appeal under Appellate Division Docket No. 2024-07799. Motion by Approved Plumbing and Fire Protection LLC, in effect, to extend the time to serve and file an answering brief in connection with the appeal and cross-appeal pending under Appellate Division Docket No. 2024-07795.

Upon the papers filed in support of the motions and the papers filed in relation thereto, it is

ORDERED that the branches of the motions which are to consolidate the appeals and cross-appeals under Appellate Division Docket Nos. 2024-07801, 202-07804, 2024-07795 are denied as academic as those appeals and cross-appeals have been consolidated; and it is further,

ORDERED that the branches of the motions which are to consolidate the appeal under Appellate Division Docket No. 2024-07799 with the appeals and cross-appeals under Appellate Division Docket Nos. 2024-07801, 2024-07804, 2024-07795 are denied; and it is further,

ORDERED that on the Court's own motion the appeal under Appellate Division Docket No. 2024-07799 shall be calendared together with the appeals and cross-appeals under Appellate Division Docket Nos. 2024-07801, 2024-07804, 2024-07795 and will be argued or submitted on the same date; and it is further,

ORDERED that the branch of the motion by 2109 Borden Avenue Owner, LLC which is, in effect, to extend the time to file an answering brief in connection with the appeal and cross-appeal pending under Appellate Division Docket No. 2024-07801, is denied as academic as the brief has been served and filed; and it is further,

ORDERED that the branch of the motion by Lifetime Plumbing LLC which is to extend the time to perfect the appeal under Appellate Division Docket No. 2024-07799 is granted, and on or before May 28, 2025, the appellant Lifetime Plumbing LLC shall serve and file the record or appendix and the 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 motion by Approved Plumbing and Fire Protection LLC, in effect, to extend the time to file an answering brief in connection with the appeal and cross-appeal pending under Appellate Division Docket No. 2024-07795 is granted, and on or before May 28, 2025, the respondent-appellant Approved Plumbing and Fire Protection LLC shall serve and file the 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., VOUTSINAS, LANDICINO and HOM, JJ., concur.

ENTER:

Darrell M. Joseph

Clerk of the Court