Delvalle v Mercedes Benz USA, LLC
Motion No: 2012-08038
Slip Opinion No: 2013 NY Slip Op 72647(U)
Decided on May 2, 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

M155703

E/sl

PETER B. SKELOS, J.P.

THOMAS A. DICKERSON

CHERYL E. CHAMBERS

SHERI S. ROMAN, JJ.

2012-08038

Danny Delvalle, plaintiff,

v Mercedes Benz USA, LLC, et al.,

defendants third-party plaintiffs-appellants;

Chetum Singh, et al., third-party defendants-

respondents, et al., third-party defendants.

(Index No. 7699/09)

DECISION & ORDER ON MOTION

Motion by the third-party defendants-respondents to dismiss an appeal from an order of the Supreme Court, Kings County, dated May 4, 2012, on the ground that no appeal lies from an order denying reargument and to enlarge the time to serve and file a brief.

Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is

ORDERED that the branch of the motion which is to dismiss the appeal is denied; and it is further,

ORDERED that the branch of the motion which is to enlarge the time to serve and file a brief is granted, the third-party defendants-respondents' time to serve and file a brief is enlarged until June 3, 2013, and the third-party defendants-respondents' brief must be served and filed on or before that date.

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

ENTER:

Aprilanne Agostino

Clerk of the Court