New York Water Service Corporation v Supervisor of To
Motion No: 2013-02798
Slip Opinion No: 2014 NY Slip Op 60308(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

M167678

E/sl

PETER B. SKELOS, J.P.

RUTH C. BALKIN

JOHN M. LEVENTHAL

SYLVIA O. HINDS-RADIX, JJ.

2013-02798

New York Water Service Corporation, plaintiff,

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

respondents, 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. 8198/09)

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 December 24, 2012, 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 December 24, 2012. 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 December 24, 2012.

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 December 24, 2012, 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