Appellate Division: Second Judicial Department

M167973

E/ct

PETER B. SKELOS, J.P.

THOMAS A. DICKERSON

CHERYL E. CHAMBERS

ROBERT J. MILLER, JJ.

2013-04760 MVB Collision, Inc., etc., appellant, v Progressive Insurance Company, respondent, et al., defendants. (Index No. 18018/09)

DECISION & ORDER ON MOTION

Motion by the appellant to enlarge the time to perfect an appeal from an order of the Supreme Court, Nassau County, entered March 20, 2013, and to seal certain material annexed to the motion. Cross motion by the respondent, in effect, to dismiss the appeal for failure to timely perfect or, in the alternative, to enlarge its time to serve and file a brief and to seal the material annexed to the appellant's motion.

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 cross motion and no papers having been filed in opposition or in relation thereto, it is

ORDERED that the branch of the motion which is to enlarge the time to perfect the appeal is granted, the appellant's time to perfect the appeal is enlarged until February 13, 2014, and the record or appendix on the appeal and the appellant's brief must be served and filed on or before that date; and it is further,

ORDERED that the branches of the motion and the cross motion which are to seal certain material are granted to the extent that the material identified in Exhibit D of the appellant's motion papers, which was filed under seal in the Supreme Court, shall be filed under seal in a separate record or appendix volume at the time that the appellant perfects the appeal, and will remained sealed upon filing; and it is further,

ORDERED that the branch of the cross motion which is to enlarge the respondent's time to serve and file a brief is denied as premature; and it is further,

ORDERED that the motion and the cross motion are otherwise denied.

SKELOS, J.P., DICKERSON, CHAMBERS and MILLER, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court