New York Water Service Corporation v Supervisor of To
Motion No: 2013-05321
Slip Opinion No: 2014 NY Slip Op 60309(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

M167676

E/sl

PETER B. SKELOS, J.P.

RUTH C. BALKIN

JOHN M. LEVENTHAL

SYLVIA O. HINDS-RADIX, JJ.

2013-05321

New York Water Service Corporation, plaintiff,

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

defendants third-party plaintiff-respondent,

Syosset Sanitation District, defendant second

third-party plaintiff-respondent;

Glenwood-Glen Head Garbage District,

defendant third third-party plaintiff-respondent;

County of Nassau, et al., third-party/second

third-party/third third-party defendants-appellants.

(Index No. 6345/11)

DECISION & ORDER ON MOTION

Motion by the third-party/second third-party/third third-party defendants-appellants to hold in abeyance an appeal from an order of the Supreme Court, Nassau County, entered February 6, 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 6, 2013. Application by the third-party/second third-party/third 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 6, 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 6, 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