| Williams v D & J School Bus, Inc. |
| Motion No: 2008-10521 |
| Slip Opinion No: 2009 NYSlipOp 65301(U) |
| Decided on March 4, 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
M83164
E/sl
STEVEN W. FISHER, J.P.
ANITA R. FLORIO
JOSEPH COVELLO
JOHN M. LEVENTHAL, JJ.
|
2008-10521 Lowayne Williams, plaintiff-respondent, v D & J School Bus, Inc., et al., defendants- respondents, City of New York, et al., defendants third-party plaintiffs-appellants; United Transit, Inc., third-party defendants- respondents. (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 from an order of the Supreme Court, Kings County, dated September 2, 2008, pursuant to CPLR 5520(a) to extend the time to serve a timely filed notice of appeal on the third-party defendants-respondents, and to enlarge the time to perfect the appeal.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the motion is granted; and it is further,
ORDERED that the notice of appeal, which was timely filed, is deemed timely served pursuant to CPLR 5520(a) on the attorneys representing the third-party defendants-respondents; and it is further,
ORDERED that the appellants' time to perfect the appeal is enlarged until April 15, 2009, and the record or appendix on the appeal and the appellants' brief must be served and filed on or before that date.
FISHER, J.P., FLORIO, COVELLO and LEVENTHAL, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court