Appellate Division: Second Judicial Department

M311017

ID/

ANGELA G. IANNACCI, J.P.

LARA J. GENOVESI

CARL J. LANDICINO

LAURENCE L. LOVE, JJ.

2024-11217 Jose Cuba, appellant, v 809 Broadway Holding, LLC, et al., respondents, et al., defendants (and third-party actions). (Index No. 714007/2019)

DECISION & ORDER ON MOTION

2025-04202, 2025-04208

Jose Cuba, respondent-appellant, v 809

Broadway Holding, LLC, et al., appellants-

respondents, et al., defendants

(and third-party actions).

(Index No. 714007/2019)

On the Court's own motion, it is

ORDERED that the decision and order on motion of this Court dated November 7, 2025, in the above-entitled case is recalled and vacated, and the following decision and order on motion is substituted therefor:

Appeal from an order of the Supreme Court, Queens County, dated July 2, 2024, and appeals and cross-appeals from an order of the same court dated March 18, 2025, and an amended order of the same court dated March 18, 2025. The appeal from the order dated July 2, 2024, was deemed dismissed pursuant to 22 NYCRR 1250.10(a). Motion by Jose Cuba pursuant to 22 NYCRR 1250.10(c) to vacate the dismissal of the appeal from the order dated July 2, 2024, to consolidate the appeal from the order dated July 2, 2024, with the appeals and cross-appeals from the order dated March 18, 2025, and the amended order, and to extend the time to perfect the appeal from the order dated July 2, 2024, and his cross-appeals from the order dated March 18, 2025, and the amended order.

Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is

ORDERED that the branch of the motion which is to vacate the dismissal of the appeal from the order dated July 2, 2024, is denied with leave to renew upon proper papers, including an affidavit setting forth good cause for vacatur of the dismissal, an intent to perfect the appeal or proceeding within a reasonable time, and sufficient facts to demonstrate a meritorious appeal or proceeding (see 22 NYCRR 1250.10[c]); and it is further,

ORDERED that the branches of the motion which are to consolidate the appeal from the order dated July 2, 2024, with the appeals and cross-appeals from the order dated March 18, 2025, and the amended order, and to extend the time for Jose Cuba to perfect the appeal from the order dated July 2, 2024, is denied as academic; and it is further,

ORDERED that the branch of the motion which is to extend the time for Jose Cuba to perfect the his cross-appeals from the order dated March 18, 2025, and the amended order, is denied as premature.

IANNACCI, J.P., GENOVESI, LANDICINO and LOVE, JJ., concur.

ENTER:

Darrell M. Joseph

Clerk of the Court