Appellate Division: Second Judicial Department

M166130

E/sl

PETER B. SKELOS, J.P.

JOHN M. LEVENTHAL

PLUMMER E. LOTT

JEFFREY A. COHEN, JJ.

2013-02220 Olivia Marricco, etc., et al., appellants-respondents, v Best Plumbing Supply, Inc., doing business as Best Plumbing Tile & Stone, defendant third-party plaintiff-respondent-appellant; Century Bathworks, Inc., third-party defendant-respondent. (Index No. 11-50346)

DECISION & ORDER ON MOTION

Motion by the defendant third-party plaintiff-respondent-appellant to withdraw the brief it previously served and filed and for leave to serve and file a replacement brief on an appeal and cross appeal from an order of the Supreme Court, Westchester County, entered January 7, 2013.

Upon the papers filed in support of the motion and the papers filed in opposition or in relation thereto, it is

ORDERED that the motion is granted, the brief of the defendant third-party plaintiff-respondent-appellant is deemed withdrawn and on or before January 2, 2014, the defendant third-party plaintiff-respondent-appellant shall serve and file a replacement answering brief, including the points of argument on the cross appeal (see 22 NYCRR 670.8[c][3]); and it is further,

ORDERED that on or before February 3, 2014, the third-party defendant-respondent may serve and file a replacement brief, if it be so advised; and it is further,

ORDERED that on or before March 5, 2014, the appellants-respondents may serve and file a replacement reply brief, if they be so advised.

SKELOS, J.P., LEVENTHAL, LOTT and COHEN, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court