Appellate Division: Second Judicial Department

M159984

E/sl

RANDALL T. ENG, P.J.

MARK C. DILLON

L. PRISCILLA HALL

ROBERT J. MILLER, JJ.

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, defendant second third-party plaintiff-respondent; County of Nassau, et al., third-party defendants-appellants. (Index No. 7886/08)

DECISION & ORDER ON MOTION

Motion by the defendant third-party plaintiff-respondent and the defendant second third-party plaintiff-respondent on an appeal from an order of the Supreme Court, Nassau County, entered August 27, 2012, to strike Section III of the third-party defendants-appellants' brief on the ground that it raises an issue not properly before this Court. Application by the third-party defendants-appellants pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to serve and file a reply brief.

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 application and no papers having been filed in opposition or in relation thereto, it is

ORDERED that the motion is held in abeyance and referred to the panel of Justices hearing the appeal for determination upon the argument or submission thereof; and it is further,

ORDERED that the application is granted and the third-party defendants-appellants' time to serve and file a reply brief is enlarged until August 8, 2013, and the reply brief must be served and filed on or before that date.

ENG, P.J., DILLON, HALL and MILLER, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court