Appellate Division: Second Judicial Department

M168911

E/sl

2013-08365 Joseph Ferrari, plaintiff-respondent-appellant, v Uniondale Holdings, LLC, et al., defendants third-party plaintiffs-appellants-respondents, Wal-Mart Stores, defendant second third-party plaintiff-respondent, Park Mate Enterprise, Inc., defendant third-party defendant-respondent- appellant; Rolling Frito-Lay Sales, L.P., et al., second third-party defendants-respondents. (Index No. 33089/09)

ORDER ON APPLICATION

Application by the defendants third-party plaintiffs-appellants-respondents pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect an appeal and cross appeals from an order of the Supreme Court, Suffolk County, dated July 9, 2013.

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 application is granted; and it is further,

ORDERED that the defendants third-party plaintiffs-appellants-respondents time to perfect the appeal is enlarged until March 31, 2014, and the joint record or appendix on the appeal (see 22 NYCRR 670.8[c][1]) and the defendants third-party plaintiffs-appellants-respondents' brief must be served and filed on or before that date; and it is further,

ORDERED that the plaintiff-respondent-appellant and the defendant third-party defendant-respondent-appellant shall serve and file their respective answering briefs, including the points of argument on the cross appeals, in accordance with the rules of this Court (see 22 NYCRR 670.8[c][3]).

ENTER:

Aprilanne Agostino

Clerk of the Court