Opinion
Motion No: M-917
04-25-2019
American Stevedoring, Inc., Plaintiff-Respondent-Appellant, v. Red Hook Container Terminal, LLC, Defendant-Appellant, -and- Seneca Insurance Company, Inc., doing business as The Seneca Companies, Defendant-Respondent, The Port Authority of New York and New Jersey, Defendant-Respondent. Red Hook Container Terminal, LLC, Third-Party Plaintiff-Appellant, v. JBL Trinity Group, Ltd., Third-Party Defendant-Respondent.
An order of this Court having been entered on January 24, 2019 granting defendant-appellant/third party plaintiff-appellant Red Hook Container Terminal, LLC (RHCT) an enlargement of time to perfect its appeals from orders of the Supreme Court, New York County, entered on or about September 14, 2017 and on or about December 15, 2017, to the May 2019 Term (M-6430/M-5380/M-5410), granting plaintiff-respondent-appellant an enlargement of time to perfect its appeal from the order entered on or about December 15, 2017, to the aforesaid May 2019 Term (M-5411), and directing the parties to perfect the appeals in accordance with 22 NYCRR 1250.9(f) and the Clerk of this Court to calendar the appeals to be heard together on the same day of the May 2019 Term, And defendant-appellant/third party plaintiff-appellant RHCT having moved this Court for an order directing the Clerk of this Court to calendar its appeal from the September 14, 2017 order separately from the appeals from the December 15, 2017 order, and for a further enlargement of time to perfect its appeal from the September 14, 2017 order, 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 enlarging defendant-appellant/third party plaintiff-appellant RHCT's time to perfect its appeals from the orders of the Supreme Court, New York County, entered on or about September 14, 2017 and on or about December 15, 2017, to the September 2019 Term; Sua sponte, plaintiff-respondent-appellant's time to perfect its appeal taken from the order of the Supreme Court, New York County entered on or about December 15, 2017 is enlarged to the September 2019 Term. The parties are directed to perfect the appeals from the order entered on or about December 15, 2017 in accordance with 22 NYCRR 1250.9(f). Defendant-appellant/third party plaintiff-appellant RHCT, if so advised, may perfect its appeal from the order of the Supreme Court, New York County, entered on or about September 14, 2017 separately, provided that the appeal is perfected for the September 2019 Term. The Clerk of this Court is directed to calendar the appeals to be heard together on the same date of the September 2019 Term.
ENTERED: April 25, 2019
_____________________ CLERK
Present - Hon. David Friedman, Justice Presiding,Dianne T. Renwick Troy K. Webber Marcy L. Kahn Cynthia S. Kern, Justices
M-917
Index No. 651472/12