Galasso, Langione & Botter, LLP v Liotti
Motion No: 2009-08420
Slip Opinion No: 2010 NY Slip Op 68884(U)
Decided on April 20, 2010
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.


Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M101651

E/sl

REINALDO E. RIVERA, J.P.

STEVEN W. FISHER

MARK C. DILLON

ANITA R. FLORIO, JJ.

2009-08420, 2009-10304, 2008-05740,

2008-08679, 2008-10645, 2009-04160

Galasso, Langione & Botter, LLP, et al., respondents,

v Thomas F. Liotti, defendant third-party plaintiff-

appellant; Frederick K. Brewington, third-party

defendant-respondent.

(Index No. 19276/07)

DECISION & ORDER ON MOTION

Motion by the defendant third-party plaintiff-appellant, inter alia, for leave to file an oversized brief on appeals from two orders of the Supreme Court, Nassau County, entered June 24, 2009, and August 14, 2009, respectively (Appellate Division Docket Nos. 2009-08420 and 2009-10304), and to calendar the appeals together with appeals from four orders of the Supreme Court, Nassau County, dated May 12, 2008, August 19, 2008, November 3, 2008, and March 27, 2009, respectively (Appellate Division Docket Nos. 2008-05740, 2008-08679, 2008-10645, and 2009-04160). Application by the third-party defendant-respondent 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 and the papers filed in opposition thereto, and upon the application, it is

ORDERED that the branches of the motion which are for leave to file an oversized brief on the appeals from the orders entered June 24, 2009, and August 14, 2009, respectively (Appellate Division Docket Nos. 2009-08420 and 2009-10304), and to calendar the appeals together with the appeals from the orders dated May 12, 2008, August 19, 2008, November 3, 2008, and March 27, 2009, respectively (Appellate Division Docket Nos. 2008-05740, 2008-08679, 2008-10645, and 2009-04160) are granted; and it is further,

ORDERED that the appeals will be calendared together and will be argued or submitted on the same day; and it is further,

ORDERED that the motion is otherwise denied; and it is further,

ORDERED that the application is granted and the third-party defendant-respondent's time to serve and file a brief is enlarged until May 20, 2010, and the third-party defendant-respondent's brief must be served and filed on or before that date.

RIVERA, J.P., FISHER, DILLON and FLORIO, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court