| Pacelli v Intruck Leasing Corp. |
| Motion No: 2013-02325 |
| Slip Opinion No: 2013 NY Slip Op 82196(U) |
| Decided on August 14, 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. |
Appellate Division: Second Judicial Department
M159779
S/sl
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2013-02325 ORDER ON APPLICATION Bryan J. Pacelli, et al., respondents, v Intruck Leasing Corp., et al., defendants, EMH Consulting, et al., appellants. (Action No. 1) National Interstate Insurance Company, as subrogee of Schoolman Transportation System, Inc., et al., respondents, v Intruck Leasing Corp., et al., defendants, EMH Consulting, appellant. (Action No. 2) Certain Underwriters at Lloyd's London, etc., plaintiff, v Westbury Paper Stock Corp., et al., defendants. (Action No. 3) Michelle Galluzo, respondent, v Intruck Leasing Corp., et al., defendants, Westbury Paper Stock Corp., et al., appellants. (Action No. 4) Kristine Blume, respondent, v Intruck Leasing Corp., et al., defendants, EMH Consulting, Inc., et al., appellants. (Action No. 5) Debra Loscalzo, et al., appellants-respondent, v Intruck Leasing Corp., et al., defendants, EMH Consulting, et al., appellants, Schoolman Transportation System, Inc., respondent. (Action No. 6) Thomas P. Zimmardi, et al., appellants-respondents, v Jose Alfredo Garcia, et al., defendants, EMH Consulting, et al., appellants, Westbury Paper Stock Corp., respondent. (Action No. 7) Bryan Pacelli, et al., plaintiffs, v Austin Environmental Corp., defendant. (Action No. 8) National Interstate Insurance Company, as subrogee of Schoolman Transportation System, Inc., et al., plaintiffs, v Austin Environmental Corp., et al., defendants. (Action No. 9) National Interstate Insurance Company, as subrogee of Schoolman Transportation System, Inc., et al., plaintiffs, v Omni Recycling of Westbury, Inc., defendant. (Action No. 10) G.E.I.C.O., as subrogee of Catherine Cohen, respondent, v Intruck Leasing Corp., et al., defendants, EMH Consulting, Inc., etc., et al., appellants. (Action No. 11) Bryan J. Pacelli, et al., respondents, v Jamaica Ash & Rubbish Removal Co., Inc., appellant, et al., defendants. (Action No. 12) (Index Nos. 12211/06, 16978/06, 5179/07, 9261/07, 4591/09, 15915/07, 14979/07, 13853/06, 2633/08, 14511/08, 4666/09, 4663/09, 1642/08)
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Application pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect appeals and cross appeals from an order of the Supreme Court, Nassau County, entered January 7, 2013.
Upon the papers filed in support of the application and the papers filed in relation thereto, it is
ORDERED that the application is granted; and it is further,
ORDERED that Schoolman Transportation System, Inc., and Jamaica Ash & Rubbish Removal Co., Inc., Westbury Paper Stock Corp., and Omni Recycling, Inc., shall serve and file the joint record or appendix on the appeals (see 22 NYCRR 670.8[c][1]) and their respective briefs on or before September 23, 2013; and it is further,
ORDERED that EMH Consulting, Inc., shall serve and file its answering brief, including the points of argument on the cross appeal (see 22 NYCRR 670.8[c][3]), on or before October 23, 2013; and it is further,
ORDERED that Debra Loscalzo and Vincent Loscalzo, and Thomas P. Zimmardi and Marcie S. Zimmardi, must serve and file their respective answering briefs, including the points of argument on the cross appeal (see 22 NYCRR 670.8[c][3]), on or before November 25, 2013; and it is further,
ORDERED that Bryan J. Pacelli and Kelly Pacelli, Michelle Galluzo, Kristine Blume, and G.E.I.C.O., as subrogee of Catherine Cohen, must serve and file their respective briefs, if any, on or before December 10, 2013; and it is further,
ORDERED that Schoolman Transportation System, Inc., and National Interstate Insurance Company, as subrogee of Schoolman Transportation System, Inc., and Jamaica Ash & Rubbish Removal Co., Inc., Westbury Paper Stock Corp., and Omni Recycling, Inc., must serve and file their respective reply briefs on or before December 26, 2013; and it is further,
ORDERED that EMH Consulting, Inc., also sued as EMH Consulting, must serve and file its reply brief on or before January 10, 2014; and it is further,
ORDERED that Debra Loscalzo and Vincent Loscalzo, and Thomas P. Zimmardi and Marcie S. Zimmardi, must serve and file their respective reply briefs on or before January 27, 2014.
ENTER:
Aprilanne Agostino
Clerk of the Court