Opinion
Motion No: M-2030
06-13-2019
Christion Rivera, Plaintiff-Appellant, v. Skanska USA Civil Northeast, Inc. and Tullly Construction Co., Inc., Defendants-Respondents,
An appeal having been taken to this Court from an order of the Supreme Court, Bronx County, entered on or about July 11, 2016, And defendants-respondents having moved (M-1768) for an order, pursuant to CPLR 5513(a), dismissing, as untimely, plaintiff's appeal taken from the aforesaid order, and his purported appeal taken from the ensuing judgment of the same Court, entered on or about September 20, 2018, or in the alternative, for an enlargement of time to file a respondent's brief, And plaintiff-respondent having cross moved (M-2030) for an order, pursuant to CPLR 5520(c), deeming his notice of appeal, dated September 25, 2018, to be a timely appeal taken from the judgment entered on or about September 20, 2018, and bringing up for review the order entered on or about July 11, 2016, Now, upon reading and filing the papers with respect to the motion, and due deliberation having been had thereon, It is ordered that defendants-respondents' motion (M-1768) is denied, without prejudice to defendants addressing the issue directly on appeal, and defendants are sua sponte permitted to file a supplemental record to include the documents attached to the motion to dismiss; and It is further ordered that plaintiff-appellant's motion (M-2030) is denied without prejudice to plaintiff addressing the issue directly on appeal.
ENTERED: June 13, 2019
__________ CLERK
Present - Hon. Dianne T. Renwick, Justice Presiding, Sallie Manzanet-Daniels Ellen Gesmer Cynthia S. Kern Anil C. Singh, Justices
M-2030
M-1768
Index No. 21536/14E