Appellate Division: Second Judicial Department

M307446

AFA/

BETSY BARROS, J.P.

LARA J. GENOVESI

WILLIAM G. FORD

DONNA-MARIE E. GOLIA, JJ.

2024-10263 Jose Suriaga, plaintiff-respondent v 128 E28, LLC, et al., defendants third-party plaintiffs-respondents- appellants; Capital Concrete NY Inc., third-party defendant-appellant-respondent. (Index No. 720944/2019)

DECISION & ORDER ON MOTION

On the Court's own motion, it is

ORDERED that the decision and order on motion of this Court dated August 15, 2025, in the above-entitled case is recalled and vacated, and the following decision and order on motion is substituted therefor:

Appeal and cross-appeal from an order of the Supreme Court, Queens County, dated July 18, 2024. The appeal was deemed dismissed pursuant to 22 NYCRR 1250.10(a). Motion by 128 E28, LLC and ES Builders Group LLC to extend the time to perfect their cross-appeal.

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

ORDERED that the motion is granted, the cross-appeal is deemed to be an appeal from the order, and on or before September 24, 2025, 128 E28, LLC and ES Builders Group LLC shall serve and file the record or appendix and their appellants' brief via NYSCEF, if applicable, or, if NYSCEF is not mandated, serve the record or appendix and their appellants' brief and upload digital copies of the record or appendix and their appellants' brief, with proof of service thereof, through the digital portal on this Court's website.

BARROS, J.P., GENOVESI, FORD and GOLIA, JJ., concur.

ENTER:

Darrell M. Joseph

Clerk of the Court