Appellate Division: Second Judicial Department

M156386

E/sl

MARK C. DILLON, J.P.

DANIEL D. ANGIOLILLO

CHERYL E. CHAMBERS

SYLVIA HINDS-RADIX, JJ.

2011-10857, 2012-07280 Keyspan Generation, LLC, et al., respondents, v Nassau County, et al., appellants. (Action No. 1) Long Island Lighting Company, respondent, v Nassau County, et al., appellants. (Action No. 2) (Index Nos. 11440/99, 11695/97)

DECISION & ORDER ON MOTION

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)

2012-05126, 2012-05136, 2012-05137,

2012-05138, 2012-05139, 2012-07976

New York Telephone Company, respondent,

v Supervisor of Town of Hempstead, et al.,

appellants, et al., defendants.

(Appeal Nos. 1 and 6)

(Index No. 12177/98)

Verizon New York, Inc., formerly known as

New York Telephone Company, respondent,

v Supervisor of Town of Hempstead, et al.,

appellants, et al., defendants.

(Appeal No. 2)

(Index No. 6858/02)

New York Telephone Company, respondent,

v Supervisor of Town of Hempstead, et al.,

appellants, et al., defendants.

(Appeal No. 3)

(Index No. 11522/99)

Verizon New York, Inc., formerly known as

New York Telephone Company, respondent,

v Supervisor of Town of Hempstead, et al.,

appellants, et al., defendants.

(Appeal No. 4)

(Index No. 6578/01)

New York Telephone Company, respondent,

v Supervisor of Town of Hempstead, et al.,

appellants, et al., defendants.

(Appeal No. 5)

(Index No. 6794/00)

2012-09825, 2013-01767

New York Telephone Company, plaintiff-

appellant, v Supervisor of Town of Hempstead,

et al., defendants third-party plaintiffs-respondents,

et al., defendants; County of Nassau, et al.,

third-party defendants-appellants.

(Index No. 12177/98)

2012-09833, 2013-01777

New York Telephone Company, plaintiff-

appellant, v Supervisor of Town of Hempstead,

et al., defendants third-party plaintiffs-respondents,

et al., defendants; County of Nassau, et al.,

third-party defendants-appellants.

(Index No. 6578/01)

2012-09840, 2013-01788

New York Telephone Company, plaintiff-

appellant, v Supervisor of Town of Hempstead,

et al., defendants third-party plaintiffs-respondents,

et al., defendants; County of Nassau, et al.,

third-party defendants-appellants.

(Index No. 6794/00)

2012-09844, 2013-01782

Verizon New York, Inc., formerly known as

New York Telephone Company, plaintiff-appellant,

v Supervisor of Town of Hempstead, et al., defendants

third-party plaintiffs-respondents, et al., defendants;

County of Nassau, et al., third-party defendants-

appellants.

(Index No. 6858/02)

2012-09857, 2013-01784

New York Telephone Company, plaintiff-appellant,

v Supervisor of Town of Hempstead, et al., defendants

third-party plaintiffs-respondents, et al., defendants;

County of Nassau, et al., third-party defendants-

appellants.

(Index No. 11522/99)

2012-10854

Keyspan Gas East Corporation, etc., plaintiff,

v Supervisor of Town of Oyster Bay, et al., defendants,

Syosset Sanitation District, defendant third-party

plaintiff-respondent, Glenwood-Glen Head Garbage

District, second third-party plaintiff-respondent;

County of Nassau, et al., third-party/second third-party

defendants-appellants.

(Index No. 7886/08)

2013-00474

Verizon New York, Inc., etc., plaintiff,

v Supervisor of Town of Oyster Bay, et al., defendants,

third-party plaintiffs-respondents, et al., defendants;

County of Nassau, et al., third-party/second third-party

defendants-appellants.

(Index No. 8260/10)

2013-01765

Verizon New York, Inc., etc., plaintiff-appellant-

respondent, v Supervisor of Town of Oyster Bay,

et al., defendants, third-party plaintiffs-respondents-

appellants, et al., defendants; County of Nassau,

et al., third-party/second third-party defendants-

appellants-respondents.

(Index No. 8260/10)

Motion by the County of Nassau and others (1) to calendar together appeals from two orders of the Supreme Court, Nassau County, entered October 24, 2011, and June 7, 2012 (Appellate Division Docket Nos. 2011-10857, 2012-07280), respectively; an appeal and cross appeal from an order of the same court dated October 22, 2012 (Appellate Division Docket No. 2012-11368); appeals from a judgment of the same court dated March 23, 2012, four judgments of the same court all entered March 27, 2012, an amended judgment of the same court entered June 4, 2012, four orders of the same court all entered July 26, 2012, and an amended order of the same court entered July 26, 2012 (Appellate Division Docket Nos. 2012-05126, 20122-05136, 2012-05137, 2012-05138, 2012-05139, 2012-07976); appeals from four orders of the same court all entered July 26, 2012 (Appellate Division Docket Nos. 2012-09825, 2012-09833, 2012-09840, 2012-09844), appeals from an amended order of the same court entered July 26, 2012 (Appellate Division Docket No. 2012-09857); an appeal from an order of the same court entered August 27, 2012 (Appellate Division Docket No. 2012- 10854); an appeal from an order of the same court dated July 12, 2012 (Appellate Division Docket No. 2013-00474); appeals and a cross appeal from an order of the same court dated November 29, 2012 (Appellate Division Docket No. 2013-01765); and appeals from five orders of the same court all entered December 3, 2012 (Appellate Division Docket Nos. 2013-01767, 2013-01777, 2013-01782, 2013-01784, and 2013-01788); and (2) to assign the appeals to the Civil Appeals Management Program with the direction that the parties attend a preargument conference. Separate joint motion by Verizon New York, Inc., the County of Nassau and others (1) for leave to perfect the appeals from the four orders entered July 26, 2012 (Appellate Division Docket Nos. 2012-09825, 2012-09833, 2012-09840, 2012-09844), the appeals from the amended order entered July 26, 2012 (Appellate Division Docket No. 2012-09857), and the appeals from the orders entered December 3, 2012 (Appellate Division Docket Nos. 2013-01767, 2013-01777, 2013-01782, 2013-01784, and 2013-01788), upon a single joint record or appendix for Appellate Division Docket Nos. 2012- 09825 and 2012-01767, and supplemental records or appendices for the other appeals containing the notices of appeals and orders, and one brief for each set of appellants; and (2) to enlarge the time to perfect the appeals.

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 separate joint motion and no papers having been filed in opposition or in relation thereto, it is

ORDERED that the branch of the motion which is to calendar the appeals and cross appeals together is granted, and the appeals and cross appeals will be argued or submitted on the same day; and it is further,

ORDERED that the branch of the motion which is to assign the appeals to the Civil Appeals Management Program is denied; and it is further,

ORDERED that the branch of the motion which is for leave to perfect the appeals from the four orders entered July 26, 2012 (Appellate Division Docket Nos. 2012-09825, 2012-09833, 2012-09840, 2012-09844), the appeals from the amended order entered July 26, 2012 (Appellate Division Docket No. 2012-09857), and the appeals from the orders entered December 3, 2012 (Appellate Division Docket Nos. 2013-01767, 2013-01777, 2013-01782, 2013-01784, and 2013-01788), upon a single joint record or appendix for Appellate Division Docket Nos. 2012-09825, and 2013-01767, and supplemental records or appendices for the other appeals containing the notices of appeals and orders, and one brief for each set of appellants is granted to the extent that the appeals are consolidated, and the parties shall file a single joint record or appendix for those appeals and one brief for each set of appellants or respondents; the parties shall file 13 copies of the joint record or appendix and their respective briefs, 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 perfect the appeals from the four orders entered July 26, 2012, and the amended order entered July 26, 2012, is granted, the time to perfect those appeals is enlarged until July 15, 2013, and the joint record or appendix on those appeals, as well as the appeals from the orders entered December 3, 2012, and the appellants' briefs must be served and filed on or before that date; and it is further,

ORDERED that on the Court's own motion, the time to perfect the appeal from the order dated July 15, 2012 (Appellate Division Docket No. 2013-00474), is enlarged until July 15, 2013, the record or appendix on that appeal and the appellant's brief must be served and filed on or before that date, and no further enlargement of time shall be granted; and it is further,

ORDERED that on the Court's own motion, the plaintiff-appellant-respondent and the third-party/second third-party defendants-appellants-respondents shall perfect the appeals and from the order dated November 29, 2012 (Appellate Division Docket No. 2013-01765), on or before July 15, 2013, and no enlargement of time shall be granted.

DILLON, J.P., ANGIOLILLO, CHAMBERS and HINDS-RADIX, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court