Appellate Division: Second Judicial Department

M311062

ID/

COLLEEN D. DUFFY, J.P.

DEBORAH A. DOWLING

JANICE A. TAYLOR

PHILLIP HOM, 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)

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 appeals and cross-appeals, and to extend the time for Jose Cuba to perfect his appeal and cross-appeals. Motion by Rock Group NY Corp., to extend the time to perfect its appeals from the order dated March 18, 2025, and the amended order. Cross-motion by 809 Broadway Holding LLC, and Foundation Interior Design Corp., to consolidate the appeals and, in effect, to extend the time to perfect its appeals from the order dated March 18, 2025, and the amended order.

Upon the papers filed in support of the motion by Jose Cuba and the papers filed in relation thereto, and upon the papers filed in support of the motion by Rock Group NY Corp., and the cross-motion and no papers having been filed in opposition or relation thereto, it is

ORDERED that the branch of the motion by Jose Cuba which is to vacate the dismissal of the appeal from the order dated July 2, 2024, is denied; and it is further,

ORDERED that the branches of the motion by Jose Cuba, and the cross-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, are denied as academic; and it is further,

ORDERED that the branch of the motion by Jose Cuba which is to extend the time 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 by Jose Cuba which is to extend the time to perfect his cross-appeals is denied as premature; and it is further,

ORDERED that branch of the cross-motion which is to consolidate the appeals and cross-appeals from the order dated March 18, 2025, and the amended order, is denied as unnecessary as these appeals and cross-appeals have already been consolidated; and it is further,

ORDERED that the motion by Rock Group NY Corp., and the branch of the cross-motion which is, in effect, to extend the time for 809 Broadway Holding LLC, and Foundation Interior Design Corp., to perfect their appeals, are granted, and on or before March 6, 2026, Rock Group NY Corp., and 809 Broadway Holding LLC, and Foundation Interior Design Corp., shall serve and file the joint record or appendix and their respective appellants' briefs via NYSCEF, if applicable, or, if NYSCEF is not mandated, serve the joint record or appendix and their respective appellants' briefs and upload digital copies of the joint record or appendix and their respective appellants' briefs, with proof of service thereof, through the digital portal on this Court's website.

DUFFY, J.P., DOWLING, TAYLOR and HOM, JJ., concur.

ENTER:

Darrell M. Joseph

Clerk of the Court