| Williams v D & J School Bus, Inc. |
| Motion No: 2008-02244 |
| Slip Opinion No: 2009 NYSlipOp 61655(U) |
| Decided on January 22, 2009 |
| Appellate Division, Second Department, Motion Decision |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| This motion is uncorrected and is not subject to publication in the Official Reports. |
Appellate Division: Second Judicial Department
M81352
E/sl
ROBERT A. SPOLZINO, J.P.
FRED T. SANTUCCI
JOHN M. LEVENTHAL
CHERYL E. CHAMBERS, JJ.
|
2008-02244, 2008-10521 Lowayne Williams, appellant-respondent, v D & J School Bus, Inc., et al., defendants, City of New York, et al., respondents-appellants, BFI Waste Services, Inc., of New York, respondent. (Appeal No. 1) Lowayne Williams, plaintiff-respondent, v D & J School Bus, Inc., et al., defendants- respondents, City of New York, et al., appellants. (Appeal No. 2) (Index No. 48165/00)
| DECISION & ORDER ON MOTION |
Motion by the City of New York and Board of Education of the City of New York on an appeal and cross appeal from an order of the Supreme Court, Kings County, dated February 1, 2008, and an appeal from an order of the same court dated September 2, 2008, to enlarge the time to serve and file their answering brief in connection with the appeal and cross appeal from the order dated February 1, 2008, and to calendar the appeals and cross appeal together. Cross motion by Lowayne Williams to strike stated portions of the brief filed by BFI Waste Services, Inc., of New York, in connection with the appeal and cross appeal from the order dated February 1, 2008, or, in the alternative, to enlarge the record.
ORDERED that the motion is granted; and it is further,
ORDERED that the City of New York and Board of Education of the City of New York shall serve and file their answering brief in connection with the order dated February 1, 2008 (Appellate Division Docket No. 2008-02244) on or before March 23, 2009; and it is further,
ORDERED that the appeal and cross appeal from the order dated February 1, 2008, will be calendared together with the appeal from the order dated September 2, 2008, and will be argued or submitted on the same day; and it is further,
ORDERED that the City of New York and Board of Education of the City of New York shall perfect the appeal from the order dated September 2, 2008 (Appellate Division Docket No. 2008-10521) on or before March 23, 2009; and it is further,
ORDERED that the cross motion is denied (see Parochial Bus Sys. v Board of Educ. of City of N.Y., 60 NY2d 539).
SPOLZINO, J.P., SANTUCCI, LEVENTHAL and CHAMBERS, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court