CASTLE RESTORATION & CONSTRUCTION, INC., plf-res, v. CASTLE RESTORATION, LLC, ET AL., ap, ROBERT P. CASTALDI, DEFENDANT- res — 2015-06517, 2015-06584 Castle Restoration & Construction, Inc., plaintiff-appellant-respondent, v. Castle Restoration, LLC respondents-appellants, Robert P. Castaldi, defendant-appellant-respondent. (Index No. 9187/13) Motion by Castle Restoration & Construction, Inc., and Robert P. Castaldi on an appeal from an order of the Supreme Court, Nassau County, dated February 4, 2015, and appeals and cross appeals from an order and a final judgment of the same court both dated May 14, 2015, to dismiss the appeal from the order dated February 4, 2015, on the ground that the right of direct appeal therefrom terminated upon entry of the final judgment in the above-entitled action, or, in the alternative, to enlarge the time to serve and file a brief in connection with the appeal from the order dated February 4, 2015. Cross motion by Castle Restoration, LLC, and Anthony Colao for leave to supplement the record filed in connection with the appeal from the order dated February 4, 2015, with the copies of the order and the final judgment dated the May 14, 2015, as well as the notice of appeal from the order and the final judgment, and to deem the record and brief filed in connection with the appeal from the order dated February 4, 2015, to also be the record and brief filed in connection with the appeal and cross appeal from the order and the final judgment dated May 14, 2015, and to consolidate the appeals. Application by Castle Restoration, LLC, and Anthony Colao pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to serve and file an answering brief in connection with the appeal from the order and the final judgment dated May 14, 2015.
Upon the papers filed in support of the motion and the cross motion, and the papers filed in opposition thereto, it is