Appellate Division: Second Judicial Department

M305670

AFA/

MARK C. DILLON, J.P.

DEBORAH A. DOWLING

CARL J. LANDICINO

LAURENCE L. LOVE, JJ.

2024-08991 Reinaldo Vargas, respondent-appellant, v Ben Monico, et al., defendants/third-party plaintiffs-appellants-respondents, Oxford Framers Corp., defendant/third-party defendant- respondent; et al., third-party defendant. (Index No. 510891/2019)

DECISION & ORDER ON MOTION

2024-08996

Reinaldo Vargas, appellant, v Ben Monico,

et al., defendants/third-party plaintiffs-respondents,

Oxford Framers Corp., defendant/third-party

defendant-respondent; et al., third-party defendant.

(Index No. 510891/2019)

2024-08997

Reinaldo Vargas, appellant, v Ben Monico,

et al., defendants/third-party plaintiffs-respondents,

Oxford Framers Corp., defendant/third-party

defendant-respondent; et al., third-party defendant.

(Index No. 510891/2019)

2024-11734

Vargas Vargas, respondent-appellant, v

Ben Monico LLC, et al., defendants/third-party

plaintiffs-appellants-respondents, Oxford Framers

Corp., defendant/third-party defendant-respondent-

appellant; et al., third-party defendant.

(Index No. 510891/2019)

Appeals from four orders of the Supreme Court, Kings County, dated August 9, 2024, August 8, 2024 (two orders), and September 19, 2024, respectively, and cross-appeals from the orders dated August 9, 2024, and September 19, 2024. Motion by Reinaldo Vargas to consolidate the appeals and cross-appeals, and, in effect, to extend the time to perfect his appeals. Cross-motion by Ben Monico LLC and NS Builders LLC to extend the time to perfect their appeals from the orders dated August 9, 2024, and September 19, 2024.

Upon the papers filed in support of the motion and cross-motion and no papers having been filed in opposition or in relation thereto, it is

ORDERED that the branch of the motion by Reinaldo Vargas which is to consolidate the appeals and cross-appeals is denied as unnecessary as to the appeals from the orders dated August 8, 2024, as those appeals may be consolidated as of right (see 22 NYCRR 1250.9[f][3]), and that branch of the motion by Reinaldo Vargas is otherwise 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 Reinaldo Vargas which is, in effect, to extend the time to perfect his appeals is granted, the time to perfect the appeals from the orders dated August 8, 2024, is extended, and on or before July 11, 2025, Reinaldo Vargas 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 his appellant's brief and upload digital copies of the record or appendix and his appellant's brief, with proof of service thereof, through the digital portal on this Court's website; and it is further,

ORDERED that the cross-motion is granted, and on or before July 11, 2025, Ben Monico LLC and NS Builders LLC shall serve and file the joint records or appendices and their appellants' briefs via NYSCEF, if applicable, or, if NYSCEF is not mandated, serve the joint records or appendices and their appellants' briefs and upload digital copies of the joint records or appendices and their appellants' briefs, with proof of service thereof, through the digital portal on this Court's website.

DILLON, J.P., DOWLING, LANDICINO and LOVE, JJ., concur.

ENTER:

Darrell M. Joseph

Clerk of the Court