Appellate Division: Second Judicial Department

M170821

E/sl

MARK C. DILLON, J.P.

L. PRISCILLA HALL

LEONARD B. AUSTIN

COLLEEN D. DUFFY, JJ.

2013-10438, 2014-01231 Financial Services Vehicle Trust, plaintiff, v Andre H. Saad, defendant third-party plaintiff- appellant-respondent; Government Employees Insurance Company, third-party defendant- respondent-appellant, Bellavia, Gentile & Associates, LLP, et al., third-party defendants-respondents, et al., third-party defendants. (Index No. 2279/08)

DECISION & ORDER ON MOTION

Motion by the respondent-appellant to stay the trial on the issue of damages in the above-entitled action pending hearing and determination of an appeal and cross appeal from an order of the Supreme Court, Nassau County, entered September 16, 2013. Application by the respondent-appellant pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect the appeal and cross appeal. Separate application by the appellant-respondent for the same relief.

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 motion is denied; and it is further,

ORDERED that the applications are granted and the appellant-respondent's time to perfect the appeal is enlarged until May 15, 2014, and the joint record or appendix on the appeal (see 22 NYCRR 670.8[c][1]) and the appellant-respondent's brief must be served and filed on or before that date; and it is further,

ORDERED that the respondent-appellant shall serve and file the answering brief, including the points of argument on the cross appeal, in accordance with the rules of this Court (see 22 NYCRR 670.8[c][3]).

DILLON, J.P., HALL, AUSTIN and DUFFY, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court