Opinion
2021-71662 Motion 2021-02377
09-16-2021
Dominick Benedetto, Plaintiff-Respondent, v. Hyatt Corporation, et al., Defendants-Respondents. Mary Benedetto, Plaintiff, Hyatt Corporation, etc., et al., Third-Party Plaintiffs-Respondents, v. Securitas Security Services USA Inc., Third-Party Defendant-Appellant. Index Nos. 160322/14, 59457/15 Nos. 2020-00374, 2021-00256
Unpublished Opinion
MOTION DECISION
PRESENT: Hon. Anil C. Singh, Justice Presiding, Lizbeth González Tanya R. Kennedy Saliann Scarpulla Martin Shulman, Justices.
An appeal having been taken from an order of the Supreme Court, New York County, entered on or about August 12, 2019, and said appeal having been perfected, And defendants/third-party plaintiffs-respondents having moved to dismiss the aforesaid appeal on the grounds that the order appealed has been superseded by a subsequent order, or in the alternative, for an extension of time to file a respondent's brief, Now, upon reading and filing the papers with respect to the motion, and due deliberation having been had thereon, It is ordered that the motion is granted to the extent of adjourning the aforesaid appeal (Case No. 2020-00374) and a related perfected appeal from the order, same court, entered March 13, 2020, which granted third-party defendant-appellant's motion to renew and, upon renewal, adhered to its prior decision (Case No. 2021-00256) to the February 2022 Term. The Clerk of the Court is directed to calendar both perfected appeals to be heard together on the same date of the aforesaid term. Defendants/third-party plaintiffs-respondents are directed to submit a single respondent's brief addressing both appeals. The motion is otherwise denied, without prejudice to the parties raising the issues regarding dismissal of the appeal before the appeal bench.