Aulicino v Stop & Shop Supermarket Company, LLC
Motion No: 2012-02962
Slip Opinion No: 2013 NY Slip Op 61642(U)
Decided on January 16, 2013
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

M149806

E/ct

REINALDO E. RIVERA, J.P.

THOMAS A. DICKERSON

L. PRISCILLA HALL

SHERI S. ROMAN, JJ.

2012-02962

Matthew M. Aulicino, plaintiff-respondent,

v Stop & Shop Supermarket Company, LLC,

defendant third-party plaintiff/second third-party

plaintiff-appellant, New Roc Associates, L.P., et al.,

defendants third-party defendants-respondents;

Waste Management National Services, Inc., second

third-party defendant-respondent (and other titles).

(Index No. 09-6268)

ORDER ON APPLICATION

Motion by All American Waste, LLC, to enlarge the record on an appeal from an order of the Supreme Court, Westchester County, dated February 6, 2012 , to include an order of the same court dated February 3, 2012, as well as "all supporting and opposition papers," and to enlarge the time to serve and file a brief. Separate applications by Matthew M. Aulicino, New Roc Associates, L.P., and Waste Management National Services, Inc., pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to serve and file their respective briefs.

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

ORDERED that the branch of the motion which is to enlarge the record is granted to the extent that the record is enlarged to include only the order dated February 3, 2012, and on or before March 18, 2013, All American Waste, LLC, shall serve and file a supplemental record containing that order, and that branch of the motion is otherwise denied; and it is further,

ORDERED that the branch of the motion which is to enlarge the time to serve and file a brief and the applications are granted, the movant's and applicants' time to serve and file their respective briefs is enlarged until March 18, 2013, and the briefs must be served and filed on or before that date.

RIVERA, J.P., DICKERSON, HALL and ROMAN, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court