Appellate Division: Second Judicial Department

M136945

S/sl

WILLIAM F. MASTRO, A.P.J.

REINALDO E. RIVERA

PETER B. SKELOS

MARK C. DILLON

DANIEL D. ANGIOLILLO, JJ.

2009-10717, 2010-02630 Murray Reich, et al., respondents, v Malcolm Pirnie, Inc., et al., defendants third-party plaintiffs-appellants-respondents, AFC Enterprises, Inc., defendant-respondent- appellant; CSM Engineering, P.C., third-party defendant-respondent-appellant, et al., third-party defendant. (Index No. 06-7350)

DECISION & ORDER ON MOTION

ORDERED that on the Court's own motion the order on application of this Court dated July 15, 2010, in the above-entitled appeal is recalled and vacated and the following order on application is substituted therefor:

Application by the defendant-respondent-appellant, AFC Enterprises, Inc., pursuant to 22 NYCRR 670.8(d)(2) to withdraw its cross appeal on an appeal and cross appeal from an order of the Supreme Court, Westchester County, dated October 2, 2009, and an appeal from an order of the same court dated January 18, 2010, and to enlarge its time to serve and file a brief. Separate application by the plaintiffs-respondents to enlarge their time to serve and file a brief.

Upon the papers filed in support of the applications and no papers having been filed in opposition thereto, it is

ORDERED that the application to withdraw the cross appeal of the defendant-respondent-appellant, AFC Enterprises, Inc., is granted and the cross appeal of the defendant-respondent-appellant, AFC Enterprises, Inc., is marked withdrawn; and it is further,

ORDERED that the applications to enlarge time are granted and the respondents' briefs shall be served and filed on or before August 11, 2010.

MASTRO, A.P.J., RIVERA, SKELOS, DILLON and ANGIOLILLO, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court