Appellate Division: Second Judicial Department

M66131

S/sl

2007-07515 United Services Automobile Association, plaintiff-respondent, v Ed Wiley, et al., defendants-respondents, Kate O'Brian, et al., appellants, et al., defendant. (Action No. 1) Edward Powers, etc., respondent-appellant, Molly Spencer, plaintiff-respondent, v Ed Wiley, etc., et al., defendants-responds, Kate O'Brian, et al., appellants-respondents, et al., defendant. (Action No. 2) State Farm Fire & Casualty Company, etc., respondent, v Ed Wiley Slate Co., et al., defendants, Eastchester Fire District, appellant. (Action No. 3) State Farm Fire & Casualty Company, etc., respondent, v Village of Bronxville, et al., defendants, Eastchester Fire District, appellant. (Action No. 4) (Index Nos. 03-11608, 03-16328, 04-2638, 04-3205)

ORDER ON APPLICATION

ORDERED that the order on application of this court dated February 4, 2008, in the above-entitled appeals is recalled and vacated and the following order on application is substituted therefor:

Application by Kate O'Brien and Thomas Smith pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect appeals and a cross appeal from an order of the Supreme Court, Westchester County, dated July 13, 2007.

ORDERED that the application is granted; and it is further,

ORDERED that the parties time to perfect the appeals is enlarged until April 7, 2008, and the joint record or appendix on the appeals (see 22 NYCRR 670.8[c][1]) and the appellants-respondents' briefs must be served and filed on or before that date; and it is further,

ORDERED that the respondent-appellant shall serve and file his answering brief, including his points of argument on the cross appeal, in accordance with the rules of this court (see 22 NYCRR 670.8[c][3]).

ENTER:

James Edward Pelzer

Clerk of the Court