Appellate Division: Second Judicial Department

M161022

S/sl

REINALDO E. RIVERA, J.P.

PETER B. SKELOS

JEFFREY A. COHEN

SYLVIA O. HINDS-RADIX, JJ.

2012-03847 Wendy Tso-Horiuchi, appellant, v Kentaro Horiuchi, defendant-respondent; Patricia Latzman, et al., nonparty-respondents. (Index No. 201729/05)

DECISION & ORDER ON MOTION

On the Court's own motion, it is

ORDERED that the decision and order on motion of this Court dated August 9, 2013, on an appeal from an order of the Supreme Court, Nassau County, dated March 15, 2012, is amended by (1) deleting from the preamble thereof the following sentence: "Application by the nonparty-respondent Barry J. Gross pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to serve and file a brief," and substituting therefor the following sentence: "Application by Barry J. Gross pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to serve and file a brief on his own behalf and on behalf of the defendant-respondent," and (2) deleting the third decretal paragraph thereof and substituting therefor the following decretal paragraph:

"ORDERED that the application is granted and the time of Barry J. Gross to serve and file a brief on his own behalf and on behalf of the defendant-respondent is enlarged until September 23, 2013, and the brief of the nonparty-respondent Barry J. Gross and the defendant-respondent must be served and filed on or before that date; and it is further,"

RIVERA, J.P., SKELOS, COHEN and HINDS-RADIX, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court