Appellate Division: Second Judicial Department

M167681

E/sl

PETER B. SKELOS, J.P.

RUTH C. BALKIN

JOHN M. LEVENTHAL

SYLVIA O. HINDS-RADIX, JJ.

2013-06873, 2013-06877 Keyspan Gas East Corporation, et al., plaintiffs- respondents-respondents, v Supervisor of Town of Oyster Bay, et al., defendants third third-party plaintiffs-respondents-appellants, Syosset Sanitation District, defendant second third-party plaintiff-respondent- appellant; Glenwood-Glen Head Garbage District, defendant third third-party plaintiff-respondent-appellant; County of Nassau, et al., third-party/second third-party/ third third-party defendants-appellants-respondents. (Index No. 8201/09)

DECISION & ORDER ON MOTION

Motion by the third-party/second third-party/third third-party defendants-appellants-respondents to hold in abeyance an appeal and cross appeals from an order of the Supreme Court, Nassau County, dated April 2, 2013, and an appeal from an order of the same court dated April 2, 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 appeals from the orders dated April 2, 2013. Separate applications by the defendants third third-party plaintiffs-respondents-appellants and the third-party/second third-party/third third-party defendants-appellants-respondents pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect the appeal and the cross appeals from the order dated April 2, 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 applications 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 appeals and cross appeals in abeyance is granted; and it is further,

ORDERED that the branch of the motion which is to enlarge the time to perfect the appeals from the orders dated April 2, 2013, and the applications to enlarge the time to perfect the appeals and cross appeals from those orders 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