Appellate Division: Second Judicial Department

M307589

ID/

VALERIE BRATHWAITE NELSON, J.P.

DONNA-MARIE E. GOLIA

PHILLIP HOM

SUSAN QUIRK, JJ.

2024-07657 David Geoff Stewart, plaintiff-respondent, v City of Port Jervis, defendant third-party plaintiff/ second third-party plaintiff/third third-party plaintiff respondent-appellant, Hayward Baker, Inc., et al., defendant third-party defendant/fourth third-party plaintiff respondent-appellant, Clough Harbour & Associates LLP, defendant third third party defen appellant-respondent; D.A. Collins, second third-part defendant/fourth third-party defendant-respondent; Laura Ann Kierstead, nonparty-respondent. (Index No. 9924/2019)

DECISION & ORDER ON MOTION dant y

Appeal and cross-appeals from an order of the Supreme Court, Orange County, dated July 11, 2024. Joint motion by the appellant-respondent and the respondents-appellants to extend the time to perfect the appeal and cross-appeals.

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 branch of the motion which is to extend the time to perfect the appeal is granted, and on or before September 29, 2025, the appellant shall serve and file the joint record or appendix and the appellant's brief via NYSCEF, if applicable, or, if NYSCEF is not mandated, serve the joint record or appendix and the appellant's brief and upload digital copies of the joint 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 branch of the motion which is to extend that time perfect the cross-appeals is denied as premature.

BRATHWAITE NELSON, J.P., GOLIA, HOM and QUIRK, JJ., concur.

ENTER:

Darrell M. Joseph

Clerk of the Court