Opinion
2013-00207 Index No. 22872/09 M156406
05-17-2013
Carmelo Sanchez, et al., respondents-appellants, v. Lincoln Center for Performing Arts, Inc., et al., defendants third-party/second third-party plaintiffs- respondents-appellants, RC Dolner, Inc., defendant- respondent-appellant, Turner Construction Company, defendant second third-party defendant-respondent, et al., defendant; Structural Contracting Services, Inc., third-party defendant-appellant-respondent, Wolkow Braker Roofing Corp., third-party defendant-respondent.
, P.J.
WILLIAM F. MASTRO
REINALDO E. RIVERA
PETER B. SKELOS
MARK C. DILLON, JJ.
DECISION & ORDER ON MOTION
Application by Carmelo Sanchez and Ada Sanchez on an appeal and cross appeals from an order of the Supreme Court, Queens County, entered October 15, 2012, pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect their appeal.
Upon the papers filed in support of the application and no papers having been filed in opposition or in relation thereto, it is
ORDERED that on the Court's own motion, the appeal by Structural Contracting Services, Inc., is dismissed, without costs or disbursements, for failure to timely perfect in accordance with the rules of this Court (see 22 NYCRR 670.8[e]); and it is further,
ORDERED that the application is granted; and it is further,
ORDERED that the applicants' time to perfect their appeal is enlarged until July 11, 2013, and the joint record or appendix on the appeal (see 22 NYCRR 670.8[c][1]) and the applicants' brief must be served and filed on or before that date; and it is further,
ORDERED that the defendants third-party/second third-party plaintiffs-respondents-appellants and the defendant-respondent-appellant shall serve and file their respective answering briefs, including the points of argument on the cross appeals, in accordance with the rules of this Court (see 22 NYCRR 670.8[c][3]).
ENG, P.J., MASTRO, RIVERA, SKELOS and DILLON, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court