| Saavedra v Hauser Bros., Inc. |
| Motion No: 2024-08383 |
| Slip Opinion No: 2025 NY Slip Op 77594(U) |
| Decided on September 29, 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
M308250
AFA/
BETSY BARROS, J.P.
PAUL WOOTEN
LAURENCE L. LOVE
SUSAN QUIRK, JJ.
|
2024-08383 Mayra Alejandra Alfonso Saavedra, etc., appellant, v Hauser Bros., Inc., defendant/second third-party plaintiff-respondent, et al., defendant/second third- party plaintiff, et al., defendant/third party plaintiff, e defendants; ICCO Cheese Company, Inc., third-party defendant/second third-party defendant-respondent. (Index Nos. 33013/2020, 30044/2021)
| DECISION & ORDER ON MOTION t al., |
Appeal from an order of the Supreme Court, Rockland County, dated May 1, 2024. Motion by Hauser Bros., Inc., to dismiss the appeal on the ground that the notice of appeal is defective. Motion by ICCO Cheese Company, Inc., to dismiss the appeal on the ground that the notice of appeal is defective. Cross-motion by the appellant, in effect, to deem the notice of appeal to reflect that the appeal is from an order bearing Index Nos. 33013/2020 and 30044/2021. Application by Hauser Bros., Inc., to extend the time to serve and file a brief.
Upon the papers filed in support of the motions and the papers filed in opposition thereto, and upon the papers filed in support of the cross-motion and the application and no papers having been filed in opposition or in relation thereto, it is
ORDERED that the cross-motion by the appellant, in effect, to deem the notice of appeal to reflect that the appeal is from an order bearing Index Nos. 33013/2020 and 30044/2021, is granted, and the notice of appeal is deemed to reflect that the appeal is from an order bearing Index Nos. 33013/2020 and 30044/2021 (see CPLR 2001; Matter of Tagliaferri, 1 NY3d 605); and it is further,
ORDERED that the motions are denied; and it is further,
ORDERED that the application by Hauser Bros., Inc., to extend the time to serve and file a brief is granted, and on or before October 29, 2025, the Hauser Bros., Inc., shall serve and file its respondent's brief via NYSCEF, if applicable, or, if NYSCEF is not mandated, serve the brief and upload a digital copy of the brief, with proof of service thereof, through the digital portal on this Court's website.
BARROS, J.P., WOOTEN, LOVE and QUIRK, JJ., concur.
ENTER:
Darrell M. Joseph
Clerk of the Court