Appellate Division: Second Judicial Department

M68454

S/sl

A. GAIL PRUDENTI, P.J.

STEVEN W. FISHER

HOWARD MILLER

RUTH C. BALKIN, JJ.

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)

DECISION & ORDER ON APPLICATION

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. Separate applications by Eastchester Fire District and State Farm Mutual Automobile Insurance Company for the same relief.

ORDERED that the applications are granted; and it is further,

ORDERED that the parties time to perfect the appeals is enlarged until May 6, 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 no further enlargement of time shall be granted; 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, on or before June 11, 2008 (see 22 NYCRR 670.8[c][3]).

PRUDENTI, P.J., FISHER, MILLER and BALKIN, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court