Appellate Division: Second Judicial Department

M309325

AFA/

LARA J. GENOVESI, J.P.

LILLIAN WAN

JANICE A. TAYLOR

DONNA-MARIE E. GOLIA, JJ.

2025-00658 Erick Torres, appellant, v RP1185 LLC, et al., respondents. (Index No. 709759/2020)

DECISION & ORDER ON MOTION

2025-13162

Erick Torres, appellant, v RP1185 LLC,

et al., respondents.

(Index No. 709759/2020)

Appeals from an order of the Supreme Court, Queens County, dated November 25, 2024, and a judgment of the same court dated October 15, 2025. Motion by the respondents RP 1185 LLC, Lendlease (US) Construction Inc., and Global Precast Inc. to dismiss the appeal from the order on the ground that the right of direct appeal from the order terminated upon entry in the above-entitled action of the judgment. Cross-motion by the appellant, in effect, to consolidate the appeals. Motion by the respondent J.F. Lomma, Inc., to dismiss the appeal from the order on the ground that the right of direct appeal from the order terminated upon entry in the above-entitled action of the judgment or, in the alternative, to extend the time to serve and file a brief. Separate cross-motion by the appellant, in effect, to consolidate the appeals.

Upon the papers filed in support of the motions and cross-motions and the papers filed in opposition thereto, it is

ORDERED that the motion and the branch of the motion which are to dismiss the appeal from the order are held in abeyance and referred to the panel of Justices hearing the appeals for determination upon the argument or submission thereof; and it is further,

ORDERED that the cross-motions are granted, the appeals are consolidated, the record and briefs filed in connection with the appeal from the order are deemed also to be filed in connection with the appeal from the judgment, and on or before December 15, 2025, the appellant shall serve and file, via NYSCEF, a replacement brief which contains Appellate Division Docket No. 2025-13162 in addition to Appellate Division Docket No. 2025-00658 on the cover and a replacement record which contains the judgment and the notice of appeal from the judgment and Appellate Division Docket No. 2025-13162 in addition to Appellate Division Docket No. 2025-00658 on the cover; and it is further,

ORDERED that the branch of the motion which is to extend the time to serve and file a brief is granted, and on or before January 15, 2026, the respondent J.F. Lomma, Inc., shall serve and file its 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.

GENOVESI, J.P., WAN, TAYLOR and GOLIA, JJ., concur.

ENTER:

Darrell M. Joseph

Clerk of the Court