Appellate Division: Second Judicial Department

M171027

E/sl

REINALDO E. RIVERA, J.P.

PLUMMER E. LOTT

ROBERT J. MILLER

SYLVIA O. HINDS-RADIX, JJ.

2013-10858 Marcos Vargas, respondent, v Mohammad Akbar, et al., defendants, Dharmangini Shah, appellant. 2014-00084 Marcos Vargas, respondent, v Mohammad Akbar, et al., defendants, Alexander Ilchert, Jr., et al., appellants-respondents, Robert F. Reiche, et al., respondents-appellants. (Index No. 7778/11)

DECISION & ORDER ON MOTION

Motion by Robert F. Reiche and Planet Recovery, in effect, to correct a misdescription in their notice of cross appeal from an order of the Supreme Court, Queens County, entered September 6, 2013 (Appellate Division Docket No. 2013-10858 ), to reflect that it is a notice of cross appeal from an order of the same court also entered September 6, 2013 (Appellate Division Docket No. 2014-00084), and to enlarge their time to serve and file an answering brief on the cross appeal. Application by Dharmangini Shah pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect the appeal under Appellate Division Docket No. 2013-10858.

Upon the papers filed in support of the motion and the application, and no papers having been filed in opposition or in relation thereto, it is

ORDERED that the motion is granted (see CPLR 5520[c]), and on or before April 14, 2014, Robert F. Reiche and Planet Recovery shall (1) serve and file a supplemental record containing their notice of cross appeal under Appellate Division Docket No. 2014-00084 and (2) serve and file their answering brief, including the points of argument on the cross appeal (see 22 NYCRR 670.8[c][3]), on condition that at the time of filing they provide proof of payment of their share of the cost of the record filed by Alexander Ilchert, Jr., and Elmhurst Dairy, Inc.; and it is further,

ORDERED that Marcos Vargas and Alexander Ilchert, Jr., and Elmhurst Dairy, Inc., may serve and file their respective briefs in response to the answering brief filed by Robert F. Reiche and Planet Recovery, if they be so advised, on or before May 14, 2014, and Robert F. Reiche and Planet Recovery may serve and file a brief in response to those briefs, if any, on or before May 27, 2014; and it is further,

ORDERED that the application is granted, Dharmangini Shah's time to perfect the appeal from the order entered September 6, 2013, under Appellate Division Docket No. 2013-10858 is enlarged until May 13, 2014, and the record or appendix and the applicant's brief must be served and filed on or before that date.

RIVERA, J.P., LOTT, MILLER and HINDS-RADIX, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court