Appellate Division: Second Judicial Department

M142880

S/sl

WILLIAM F. MASTRO, A.P.J.

RANDALL T. ENG

PLUMMER E. LOTT

JEFFREY A. COHEN, JJ.

2012-02780 Ann Marie Carroll, et al., respondents, v Jay Motolo, etc., et al., respondents-appellants, Daniel Lehman, etc., appellant-respondent, et al., defendants. (Index No. 08-17708)

DECISION & ORDER ON MOTION

Appeal by Daniel Lehman and cross appeal by Jay Motolo, and Jay A. Motolo, M.D., P.C., from an order of the Supreme Court, Westchester County, dated January 26, 2012. By order to show cause dated July 10, 2012, the parties or their attorneys were directed to show cause before this Court why an order should or should not be made and entered dismissing the cross appeal by Jay Motolo, and Jay A. Motolo, M.D., P.C., on the ground that they are not aggrieved by the order dated January 26, 2012. Application by the respondents pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to serve and file a brief.

Upon the order to show cause and the papers filed in response thereto and upon the papers filed in support of the application and no papers having been filed in opposition or in relation to the application, it is

ORDERED that the motion to dismiss the cross appeal is held in abeyance, and is referred to the Justices hearing the appeal for determination upon the argument or submission of the appeal; and it is further,

ORDERED that the application is granted and the respondents' time to serve and file a brief is enlarged until October 1, 2012, and the respondents' brief shall be served and filed on or before that date; and it is further,

ORDERED that the appellant-respondent's reply brief shall be served and filed on or before November 6, 2012; and the respondents-appellants' reply brief, if any, shall be served and filed on or before November 23, 2012.

MASTRO, A.P.J., ENG, LOTT and COHEN, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court