Appellate Division: Second Judicial Department

M306079

ID/

VALERIE BRATHWAITE NELSON, J.P.

WILLIAM G. FORD

HELEN VOUTSINAS

LAURENCE L. LOVE, JJ.

2024-09809 Patrick Finnegan, et al., respondents- appellants, v Prescott Ammarell, et al., appellants-respondents, Amma Construction Corporation, defendant-respondent. (Index No. 614893/2021)

DECISION & ORDER ON MOTION

Appeal and cross-appeal from an order of the Supreme Court, Suffolk County, dated July 8, 2024. The cross-appeal was deemed dismissed pursuant to 22 NYCRR 1250.10(a). Motion by the respondents-appellants, in effect, pursuant to 22 NYCRR 1250.10(c) to vacate the dismissal of the cross-appeal and to extend the time to file an answering brief.

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 by the respondents-appellants is granted, the dismissal of the cross-appeal pursuant to 22 NYCRR 1250.10(a) is vacated, and on or before July 23, 2025 the respondents-appellants 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 brief, with proof of service thereof, through the digital portal on this Court's website.

BRATHWAITE NELSON, J.P., FORD, VOUTSINAS and LOVE, JJ., concur.

ENTER:

Darrell M. Joseph

Clerk of the Court