Opinion
Motion No. 2023-10736 Index No. 12325/2011
11-20-2024
Tasseen Meraj, et al., plaintiffs-respondents, v. Walgreens Co., et al., defendants third-party plaintiffs appellants-respondents, McAlpine Construction, defendant-respondent, et al., defendants; Reed-Mackinnon Company, LLC, third-party defendant respondent-appellant.
Unpublished Opinion
MOTION DECISION
M300779
VALERIE BRATHWAITE NELSON, J.P., CHERYL E. CHAMBERS, CARL J. LANDICINO, LAURENCE L. LOVE, JJ.
DECISION & ORDER ON MOTION
Appeal and cross-appeal from an order of the Supreme Court, Kings County, dated October 17, 2023. The cross-appeal was deemed dismissed pursuant to 22 NYCRR 1250.10(a). Motion by the respondent-appellant, in effect, pursuant to 22 NYCRR 1250.10(c) to vacate the dismissal of the cross-appeal and to extend the time to file an answering brief. Motion by the plaintiffs-respondents to extend the time to serve and file a brief.
Upon the papers filed in support of the motion by the respondent-appellant and no papers having been filed in opposition or in relation thereto, and upon papers filed in support of the motion by the plaintiffs-respondents and the papers filed in opposition thereto, it is
ORDERED that the motion by the respondent-appellant is granted, the dismissal of the cross-appeal pursuant to 22 NYCRR 1250.10(a) is vacated, and on or before December 20, 2024 the respondent-appellant shall serve and file the answering brief, including the points of argument on the cross-appeal (see 22 NYCRR 1250.9[f][1][iv]), via NYSCEF, if applicable, or, if NYSCEF is not mandated, serve the answering brief and upload a digital copy of the brief, with proof of service thereof, through the digital portal on this Court's website; and it is further, ORDERED that the motion by the plaintiffs-respondents is granted, and on or before January 21, 2025, the plaintiffs-respondents shall serve and file their respondents' brief via NYSCEF, if applicable, or, if NYSCEF is not mandated, serve the brief and upload a digital copy of the brief, with proof of service thereof, through the digital portal on this Court's website.
BRATHWAITE NELSON, J.P., CHAMBERS, LANDICINO and LOVE, JJ., concur.