Keyspan Gas East Corporation v Supervisor of Town of O
Motion No: 2013-03972
Slip Opinion No: 2014 NY Slip Op 60300(U)
Decided on January 8, 2014
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.


Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M167673

E/sl

PETER B. SKELOS, J.P.

RUTH C. BALKIN

JOHN M. LEVENTHAL

SYLVIA O. HINDS-RADIX, JJ.

2013-03972

Keyspan Gas East Corporation, etc., plaintiff,

v Supervisor of Town of Oyster Bay, et al.,

defendants-respondent, 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/second

third-party defendants-appellants.

(Index No. 8199/10)

DECISION & ORDER ON MOTION

Motion by the third-party/second third-party defendants-appellants to hold in abeyance an appeal from an order of the Supreme Court, Nassau County, entered February 13, 2013, pending determination of appeals and cross appeals under Appellate Division Docket Nos. 2011-10857, 2012-05126, 2012-05136, 2012-05137, 2012-05138, 2012-05139, 2012-07280, 2012-07976, 2012-09825, 2012-09833, 2012-09840, 2012-09844, 2012-09857, 2012-10854, 2012-11368, 2013-00474, 2013-01765, 2013-01767, 2013-01777, 2013-01782, 2013-01784, 2013-01788, or, in the alternative, to enlarge the time to perfect the appeal from the order entered February 13, 2013. Application by the third-party/second third-party defendants-appellants pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect the appeal from the order entered February 13, 2013.

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 branch of the motion which is to hold the appeal in abeyance is granted; and it is further,

ORDERED that the branch of the motion which is to enlarge the time to perfect the appeal from the order entered February 13, 2013, and the application for that relief are granted and a briefing schedule will be issued after the appeals and cross appeals set forth above have been determined.

SKELOS, J.P., BALKIN, LEVENTHAL and HINDS-RADIX, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court