Opinion
2000-08583
August 5, 2002.
Appeal by Davis Brothers Engineering Corp. from a judgment of the Supreme Court, Suffolk County, entered August 16, 2000, cross appeal by David Ferraro and Frank Benjamin Ferraro, d/b/a Ferraro Brothers Building Contractors, from stated portions of the same judgment, and separate cross appeal by K. Peter Rentrop from the same judgment. Motion by David Ferraro and Frank Benjamin Ferraro, d/b/a Ferraro Brothers Building Contractors, inter alia, for reargument and/or renewal of their prior cross motion for, among other relief, dismissal of the appeal and cross appeals, which cross motion was determined in a decision and order of this court, dated July 17, 2001. Cross motion by Davis Brothers Engineering Corp. for reargument of its prior motion for, among other relief, summary reversal of the judgment appealed and cross-appealed from, which motion was also determined in the decision and order of this court, dated July 17, 2001. The decision and order dated July 17, 2001, remitted the matter to the Supreme Court, Suffolk County, for a reconstruction hearing with respect to the proceedings conducted in the above-entitled case before Judicial Hearing Officer Rockwell D. Colaneri, and held in abeyance, pending completion of the reconstruction hearing, a separate motion by Davis Brothers Engineering Corp. to enlarge the time of all parties to perfect their respective appeals and cross appeals. The Supreme Court, Suffolk County, has filed a report that reconstruction of the proceedings before the Judicial Hearing Officer is not possible.
Scheyer Jellenik, Nesconset, N.Y., for appellant-respondent.
Siben Siben, LLP (Maxwell D. Weinstein, South Huntington, N.Y. of counsel), for respondents-appellants David Ferraro and Frank Benjamin Ferraro, individually and d/b/a Ferraro Brothers Building Contractors.
Cahalan Cahalan, P.C., Northport, N.Y., for respondent-appellant K. Peter Rentrop.
Before: A. GAIL PRUDENTI, P.J., SANDRA J. FEUERSTEIN, SONDRA MILLER, GABRIEL M. KRAUSMAN, JJ.
DECISION ORDER ON MOTION
Now, upon the papers filed in support of the motion and cross motion, the papers filed in opposition thereto, and the report of the Supreme Court, Suffolk County, dated January 7, 2002, concluding, inter alia, that the trial proceedings in the above-entitled case cannot be reconstructed, it is
ORDERED that the cross motion by Davis Brothers Engineering Corp. for reargument is granted, and upon reargument, it is
ORDERED that the judgment entered August 16, 2000, is summarily reversed, without costs or disbursements, and a new trial is granted; and it is further,
ORDERED that the motion by David Ferraro and Frank Benjamin Ferraro, d/b/a Ferraro Brothers Building Contractors, inter alia, for reargument and/or renewal is denied; and it is further,
ORDERED that the separate motion by Davis Brothers Engineering Corp. to enlarge the time of all parties to perfect their respective appeals and cross appeals, which was held in abeyance pending completion of the reconstruction hearing, is denied as academic.
PRUDENTI, P.J., FEUERSTEIN, S. MILLER and KRAUSMAN, JJ., concur.