Appellate Division: Second Judicial Department

M309289

AFA/

VALERIE BRATHWAITE NELSON, J.P.

HELEN VOUTSINAS

JANICE A. TAYLOR

DONNA-MARIE E. GOLIA, JJ.

2024-09136, 2025-00543 Furgang & Adwar L.L.P., respondent, v Peter Mucciolo, et al., appellants. (Appeal No. 1) Furgang & Adwar L.L.P., respondent-appellant, v Peter Mucciolo, et al., appellants-respondents. (Appeal No. 2) (Index No. 34781/2020)

DECISION & ORDER ON MOTION

Appeal from an order of the Supreme Court, Rockland County, dated June 5, 2024, and appeal and cross-appeal from an order of the same court dated November 20, 2024. Motion by Furgang & Adwar L.L.P. to extend the time to serve and file an answering brief. By order to show cause dated September 10, 2025, the parties were directed to show cause before this Court why an order should or should not be made and entered dismissing the cross-appeal on the ground that Furgang & Adwar L.L.P. is not aggrieved by the order dated November 20, 2024 (see CPLR 5511), and Furgang & Adwar L.L.P.'s motion was held in abeyance in the interim.

Now, upon the order to show cause and the papers filed in response thereto, and upon the papers filed in support of the motion by Furgang & Adwar L.L.P. and no papers having been filed in opposition or in relation thereto, it is

ORDERED that the motion to dismiss the appeal is denied; and it is further,

ORDERED that the motion by Furgang & Awar L.L.P. is granted, and on or before December 12, 2025, Furgang & Awar L.L.P. shall serve and file its 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 answering brief, with proof of service thereof, through the digital portal on this Court's website.

BRATHWAITE NELSON, J.P., VOUTSINAS, TAYLOR and GOLIA, JJ., concur.

ENTER:

Darrell M. Joseph

Clerk of the Court