Casale v Skanska USA, Inc.
Motion No: 2025-08005
Slip Opinion No: 2026 NY Slip Op 60006(U)
Decided on January 2, 2026
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.


Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M310444

ID/

FRANCESCA E. CONNOLLY, J.P.

LOURDES M. VENTURA

PHILLIP HOM

SUSAN QUIRK, JJ.

2025-08005

Domenick Casale, plaintiff v Skanska USA,

Inc., et al., defendants; Krentsel Guzman

Herbert, LLP, nonparty-appellant, Silbowitz,

Garafola, Silbowitz, & Schatz, LLP, nonparty-

respondent.

(Index No. 513834/2017)

DECISION & ORDER ON MOTION

Appeal from an order of the Supreme Court, Kings County, dated June 3, 2025. Motion by nonparty Krentsel Guzman Herbert, LLP to deem the notice of appeal to reflect that it is the appellant, in effect, to deem the informational statement to reflect that Silbowitz, Garafola, Silbowitz, & Schatz, LLP is the respondent, and to extend the time to perfect the appeal.

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 deem the notice of appeal to reflect that Krentsel Guzman Herbert, LLP is the appellant is granted, the notice of appeal is deemed to reflect that Krentsel Guzman Herbert, LLP is the appellant (see CPLR 2001; Matter of Tagliaferri, 1 NY3d 605), and the caption is amended accordingly; and it is further,

ORDERED that the branch of the motion which is, in effect, to deem the informational statement to reflect that Silbowitz, Garafola, Silbowitz, & Schatz, LLP is the respondent is granted, and the informational statement is deemed to reflect that Silbowitz, Garafola, Silbowitz, & Schatz, LLP is the respondent, and the caption is amended accordingly; and it is further,

ORDERED that the branch of the motion which is to extend the time to perfect the appeal is granted, and on or before February 2, 2026, the appellant shall serve and file the record or appendix and the appellant's brief via NYSCEF, if applicable, or, if NYSCEF is not mandated, serve the record or appendix and the appellant's brief and upload digital copies of the record or appendix and the appellant's brief, with proof of service thereof, through the digital portal on this Court's website.

CONNOLLY, J.P., VENTURA, HOM and QUIRK, JJ., concur.

ENTER:

Darrell M. Joseph

Clerk of the Court