| DiGerolamo v Liro Constructors, Inc. |
| Motion No: 2023-09751 |
| Slip Opinion No: 2025 NY Slip Op 74124(U) |
| Decided on August 8, 2025 |
| 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
M307090
ID/
VALERIE BRATHWAITE NELSON, J.P.
ROBERT J. MILLER
DEBORAH A. DOWLING
CARL J. LANDICINO, JJ.
|
2023-09751 Richard DiGerolamo, respondent, v Liro Constructors, Inc., et al., appellants. (Index No. 518684/2018)
| DECISION & ORDER ON MOTION |
Appeal and cross-appeal from an order of the Supreme Court, Kings County, dated September 29, 2023, which were deemed dismissed pursuant to 22 NYCRR 1250.10(a). Motion by Liro Constructors, Inc., and Liro Program and Construction Management, PE, P.C., pursuant to 22 NYCRR 1250.10(c) to vacate the dismissal of the cross-appeal and to extend the time to perfect the cross-appeal.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the motion is granted, the dismissal of the cross-appeal pursuant to 22 NYCRR 1250.10(a) is vacated, the cross-appeal is deemed to be an appeal from the order, and on or before September 8, 2025, Liro Constructors, Inc., and Liro Program and Construction Management, PE, P.C., shall and serve and file the record or appendix and the appellants' brief via NYSCEF, if applicable, or, if NYSCEF is not mandated, serve the record or appendix and the appellants' brief and upload digital copies of the record or appendix and the appellants' brief, with proof of service thereof, through the digital portal on this Court's website.
BRATHWAITE NELSON, J.P., MILLER, DOWLING and LANDICINO, JJ., concur.
ENTER:
Darrell M. Joseph
Clerk of the Court