Appellate Division: Second Judicial Department

M158240

E/sl

MARK C. DILLON, J.P.

THOMAS A. DICKERSON

JOHN M. LEVENTHAL

ROBERT J. MILLER, JJ.

2012-11576, 2013-00921 Thomas J. Spota, et al., respondents, v County of Suffolk, defendant-appellant; Peter Nichols, nonparty-appellant. (Index No. 4268/12)

DECISION & ORDER ON MOTION

Motion by the nonparty-appellant for a preference in the calendaring of appeals from an order of the Supreme Court, Suffolk County, dated September 25, 2012, and a judgment of the same court dated November 8, 2012. Separate motion by the respondents, in effect, to strike stated portions of the nonparty-appellant's brief on the ground that it raises issues which are not properly before this Court and to enlarge the time to serve and file a brief.

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

ORDERED that the nonparty-appellant's motion is granted and the appeals will be calendared after all of the briefs have been filed; and it is further,

ORDERED that the branch of the respondents' motion which is to strike stated portions of the nonparty-appellant's brief is held in abeyance and referred to the panel of Justices hearing the appeals for determination upon the argument or submission thereof; and it is further,

ORDERED that the branch of the respondents' motion which is to enlarge the time to serve and file a brief is granted, the respondents' time to serve and file a brief is enlarged until July 22, 2013, and the respondents' brief must be served and filed on or before that date; and it is further,

ORDERED that no further enlargement of time shall be granted.

DILLON, J.P., DICKERSON, LEVENTHAL and MILLER, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court