Opinion
Motion No. 2022-04921 Index No. 160595/16Case No. 2022-00328
01-10-2023
Consolidated Carpet Workroom, LLC, Plaintiff-Respondent-Appellant, v. Richter & Ratner Contracting Corporation, Defendant-Appellant-Respondent, Jazz at Lincoln Center, Inc., and Columbus Centre LLC, Defendants-Respondents-Appellants, and John Doe 1 through John Doe 10, said parties being lienors who have yet to perfect their liens and being fictitious and unknown to Plaintiff, Defendants.
Unpublished Opinion
MOTION DECISION
Present - Hon. Cynthia S. Kern, Saliann Scarpulla Martin Shulman Julio Rodriguez III Bahaati E. Pitt-Burke, Justice Presiding, Justices.
An appeal and cross appeal having been taken from an order of the Supreme Court, New York County, entered on or about October 27, 2021, and said appeal having been perfected, And defendants-respondents-appellants having moved, pursuant to 22 NYCRR 1250.10(c), to vacate the dismissal of their cross appeal, and, upon reinstatement, to extend their time to perfect their cross appeal to January 13, 2023, to adjourn the appeal and cross appeal to the March 2023 Term of this Court, and for leave to file a supplemental joint record that includes their notice of cross appeal,
And a Justice of this Court having, by interim order dated December 12, 2002, adjourned the appeal and cross appeal to the March 2023 Term of this Court, 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 vacating the dismissal and reinstating the aforesaid cross appeal, and granting defendants-respondents-appellants leave to file a supplemental joint record that includes their notice of cross appeal.