| Downing v Long Island General Supply Co. |
| Motion No: 2009-00078 |
| Slip Opinion No: 2009 NY Slip Op 77954(U) |
| Decided on July 15, 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
M89436
S/sl
A. GAIL PRUDENTI, P.J.
WILLIAM F. MASTRO
REINALDO E. RIVERA
ROBERT A. SPOLZINO
PETER B. SKELOS, JJ.
|
2009-00078
Anne M. Downing, et al., plaintiffs-appellants, v Long Island General Supply Co., etc., et al., defendants third-party plaintiffs-appellants, City of New York, et al., defendants-appellants; A.O. Smith Corporation, third-party defendant- respondent. (Index No. 21779-02)
| DECISION & ORDER ON APPLICATION |
Application by the defendants third-party plaintiffs-appellants and the defendants-appellants pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect appeals from an order of the Supreme Court, Queens County, dated November 20, 2008.
Upon the papers filed in support of the application and no papers having been filed in opposition thereto, it is
ORDERED that the appeals by the plaintiffs and the defendants City of New York and the New York City Department of Environmental Protection are dismissed, without costs or disbursements, as those parties are not aggrieved by the order dated November 20, 2008 (see CPLR 5511); and it is further,
ORDERED that the application is granted and the time of the defendants third-party plaintiffs-appellants to perfect the appeal is enlarged until September 16, 2009, and the record or appendix on the appeal and the defendants third-party plaintiffs-appellants' brief must be served and filed on or before that date.
PRUDENTI, P.J., MASTRO, RIVERA, SPOLZINO and SKELOS, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court