Opinion
2011-10544 2012-06699 2012-07320 Index No. 31931/08 M158398
06-25-2013
Builders Group, LLC, et al., respondents, v. Rutgers Casualty Insurance Company, appellant.
, J.P.
RUTH C. BALKIN
JOHN M. LEVENTHAL
JEFFREY A. COHEN, JJ.
DECISION & ORDER ON MOTION
Motion by the appellant to recall and vacate so much of a decision and order on motion of this Court, entitled "In the Matter of the Dismissal of Causes for Failure to Perfect - February 2013 Calendar," dated February 19, 2013, as dismissed an appeal from a judgment of the Supreme Court, Kings County, entered April 15, 2012, and so much of a decision and order on motion of this Court, entitled "In the Matter of the Dismissal of Causes for Failure to Perfect - April 2013 Calendar," dated May 3, 2013, as dismissed an appeal from an order of the same court dated June 29, 2012, to reinstate those appeals, and to consolidate those appeals with an appeal from an order of the same court dated August 8, 2011.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the branches of the motion which are to recall and vacate so much of the decision and order on motion of this Court dated February 19, 2013, as dismissed the appeal from the judgment entered April 15, 2012, and so much of the decision and order on motion of this Court dated May 3, 2013, as dismissed the appeal from the order dated June 29, 2012, and to reinstate those appeals are granted, and so much of the decision and order on motion of this Court dated February 19, 2013, as dismissed the appeal from the judgment entered April 15, 2012, and so much of the decision and order on motion of this Court dated May 3, 2013, as dismissed the appeal from the order dated June 29, 2012, are recalled and vacated, and those appeals are reinstated; and it is further,
ORDERED that the branch of the motion which is to consolidate the appeals is granted to the extent that the appeal from the judgment entered April 15, 2012, is consolidated with the appeal from the order dated August 8, 2011, and that branch of the motion is otherwise denied; and it is further,
ORDERED that on or before July 9, 2013, the appellant shall serve and file a supplemental record containing the judgment entered April 15, 2012, and the notice of appeal for that judgment and amend the covers of the record and briefs on file with the Clerk of this Court to reflect the docket number for the appeal from the judgment; and it is further,
ORDERED that on the Court's own motion, the appellant's time to perfect the appeal from the order dated June 29, 2012, is enlarged until August 9, 2013, and the record or appendix on that appeal and the appellant's brief must be served and filed on or before that date; and it is further,
ORDERED that on the Court's own motion, the appeals from the judgment entered April 15, 2012, and the order dated August 8, 2011, will be calendared together with the appeal from the order dated June 29, 2012, and will be argued or submitted on the same day.
RIVERA, J.P., BALKIN, LEVENTHAL and COHEN, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court