Appellate Division: Second Judicial Department

M74622

E/sk

ROBERT A. LIFSON, J.P.

ANITA R. FLORIO

DANIEL D. ANGIOLILLO

ARIEL E. BELEN, JJ.

2008-01562, 2008-01563 Arthur Courtright, respondent, v Orange and Rockland Utilities, Inc., appellant, et al., defendants (and a third-party action). (Appeal No. 1) Arthur Courtright, plaintiff, v Orange and Rockland Utilities, Inc., defendant third-party plaintiff-appellant, Lloyd A. Carter, et al., defendants third-party defendants-respondents, et al., defendants; Stanley Winters, et al., third-party defendants. (Appeal No. 2) (Index No. 04-8744)

DECISION & ORDER ON MOTION

On the court's own motion, it is

ORDERED that its decision and order on motion dated August 12, 2008, in the above-entitled case is recalled and vacated, and the following decision and order on motion is substituted therefor:

Motion by Orange and Rockland Utilities, Inc., to expedite appeals from two orders of the Supreme Court, Orange County, both dated January 7, 2008, so that the appeals are decided before January 20, 2009, or to stay the trial in the above-entitled action pending hearing and determination of the appeals. Cross motion by the County of Orange to enlarge the time to serve and file a brief. Application by John Katulak pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to serve and file a brief. Application by Lloyd A. Carter and Thomas Leichliter pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to serve and file a brief.

Upon the papers filed in support of the motion, the cross motion, and the applications, the papers filed in relation to the motion, and the papers filed in opposition to the cross motion, it is

ORDERED that the branch of the motion which is to expedite the appeals is denied; and it is further,

ORDERED that the branch of the motion which is to stay the trial in the above-entitled action is granted and the trial in the above-entitled action is stayed pending hearing and determination of the appeals; and it is further,

ORDERED that the cross motion and the applications are granted, the time of the County of Orange, John Katulak, Lloyd A. Carter, and Thomas Leichliter to serve and file their briefs is enlarged until September 25, 2008, and the 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.

LIFSON, J.P., FLORIO, ANGIOLILLO and BELEN, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court