Appellate Division: Second Judicial Department

M141100

E/nl

ANITA R. FLORIO, J.P.

JOHN M. LEVENTHAL

L. PRISCILLA HALL

ROBERT J. MILLER, JJ.

2011-08939 Camilo Vindas, plaintiff, v Toll Bros., Inc., et al., defendants third-party plaintiffs; Upstate Concrete, Inc., third-party/second third-party defendant-respondent; Essex Insurance Company, Inc., second-third-party defendant-appellant, National Insurance Brokerage of New York, Inc., second-third- party defendant-respondent. (Index No. 603/07)

DECISION & ORDER ON MOTION

Motion by National Insurance Brokerage of New York, Inc., to dismiss an appeal from an order of the Supreme Court, Putnam County, dated August 1, 2011, on the ground of newly discovered evidence, to hold the appeal in abeyance pending determination of certain summary judgment motions, or to enlarge the record to include certain deposition testimony. Application pursuant to 22 NYCRR 670.8(d)(2) to enlarge the respondents' time to serve and file their briefs.

Upon the papers filed in support of the motion and the papers filed in opposition thereto, and upon the papers filed in support of the application and no papers having been filed in opposition or in relation thereto, it is

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

ORDERED that the application is granted and the respondents' time to serve and file their briefs is enlarged until August 27, 2012, and the respondents' briefs must be served and filed on or before that date.

FLORIO, J.P., LEVENTHAL, HALL and MILLER, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court