Appellate Division: Second Judicial Department

M154200

E/sl

PETER B. SKELOS, J.P.

THOMAS A. DICKERSON

PLUMMER E. LOTT

SHERI S. ROMAN, JJ.

2012-11368 Keyspan Gas East Corporation, plaintiff, v Supervisor of Town of North Hempstead, etc., et al., defendants third-party plaintiffs-appellants- respondents; County of Nassau, et al., third-party defendants-respondents-appellants. (Index No. 28980/05)

DECISION & ORDER ON MOTION

Motion by the defendants third-party plaintiffs-appellants-respondents, inter alia, to strike the brief filed by Keyspan Gas East Corporation on an appeal and cross appeal from an order of the Supreme Court, Nassau County, dated October 22, 2012. Cross motion by Keyspan Gas East Corporation for leave to have its brief considered as an amicus curiae brief. Application by the defendants third-party plaintiffs-appellants-respondents to enlarge the time to serve and file reply briefs.

Upon the papers filed in support of the motion and no papers having been filed in opposition or in relation thereto, upon the papers filed in support of the cross 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 granted to the extent that the brief filed by Keyspan Gas East Corporation is stricken and the motion is otherwise denied as academic; and it is further,

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

ORDERED that the application is granted; and it is further,

ORDERED that the defendants third-party plaintiffs-appellants-respondents shall serve and file their reply brief, if any, on or before May 8, 2013; and it is further,

ORDERED that the third-party defendants-respondents-appellants shall serve and file their reply brief, if any, on or before May 20, 2013.

SKELOS, J.P., DICKERSON, LOTT and ROMAN, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court