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Oliver-Hernandez v. Chelsea W26, LLC

Supreme Court, Appellate Division, Second Department
Feb 14, 2022
No. 2022-61723 (N.Y. App. Div. Feb. 14, 2022)

Opinion

2022-61723 Index 706820/2020

02-14-2022

Angel Oliver-Hernandez, plaintiff-respondent, v. Chelsea W26, LLC, et al., defendants third-party plaintiffs-appellants, Artimus Construction, Inc., et al., defendants-respondents, Jacobs Electric Corp., defendant-appellant; Coffey Electrical Co., Inc., third-party defendant-respondent. Motion No. 2021-01701


Unpublished Opinion

MOTION DECISION

BETSY BARROS, J.P. PAUL WOOTEN JOSEPH A. ZAYAS WILLIAM G. FORD, JJ.

DECISION & ORDER ON MOTION

Appeals from an order of the Supreme Court, Queens County, dated February 23, 2021. Motion by the defendants third-party plaintiffs Chelsea W26 LLC, 26th Street Affordable LLC, Chelsea Park Holdings LLC, Bright Horizons Children's Centers LLC, Chelsea W26 Condominium, and Carrickmore, LLC, in effect, to deem the notice of appeal of the defendants third-party plaintiffs Chelsea W26 LLC, 26th Street Affordable LLC, Chelsea Park Holdings LLC, and Bright Horizons Children's Centers LLC, to reflect that the defendants third-party plaintiffs Chelsea W26 Condominium and Carrickmore, LLC, are also appealing parties, to enlarge the record to include certain material, and to extend the time to perfect their appeal.

Upon the papers filed in support of the motion and no papers having been filed in opposition or in relation thereto, it is

ORDERED that the branch of the motion which is, in effect, to deem the notice of appeal of the defendants third-party plaintiffs Chelsea W26 LLC, 26th Street Affordable LLC, Chelsea Park Holdings LLC, and Bright Horizons Children's Centers LLC, to reflect that the defendants third-party plaintiffs Chelsea W26 Condominium and Carrickmore, LLC, are also appealing parties is granted, their notice of appeal is deemed to reflect that the defendants third-party plaintiffs Chelsea W26 Condominium and Carrickmore, LLC, are also appealing parties (see CPLR 2001), and the caption is amended accordingly; and it is further, ORDERED that the branch of the motion which is to extend the time to perfect the appeal by the defendants third-party plaintiffs-appellants is granted, and on or before March 16, 2022, the defendants third-party plaintiffs-appellants shall serve and file the record or appendix and the defendants third-party plaintiffs-appellants' brief via NYSCEF, if applicable, or, if NYSCEF is not mandated, serve the record or appendix and the defendants third-party plaintiffs-appellants' brief, with proof of service thereof, through the digital portal on this Court's website; and it is further, ORDERED that the branch of the motion which is to enlarge the record to include certain material is denied.

BARROS, J.P., WOOTEN, ZAYAS and FORD, JJ., concur.


Summaries of

Oliver-Hernandez v. Chelsea W26, LLC

Supreme Court, Appellate Division, Second Department
Feb 14, 2022
No. 2022-61723 (N.Y. App. Div. Feb. 14, 2022)
Case details for

Oliver-Hernandez v. Chelsea W26, LLC

Case Details

Full title:Angel Oliver-Hernandez, plaintiff-respondent, v. Chelsea W26, LLC, et al.…

Court:Supreme Court, Appellate Division, Second Department

Date published: Feb 14, 2022

Citations

No. 2022-61723 (N.Y. App. Div. Feb. 14, 2022)