| Padilla Construction Services, Inc. v DeMicco Brothers, |
| Motion No: 2013-11008 |
| Slip Opinion No: 2014 NY Slip Op 74245(U) |
| Decided on June 6, 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. |
Appellate Division: Second Judicial Department
M175555
E/ct
RANDALL T. ENG, P.J.
WILLIAM F. MASTRO
REINALDO E. RIVERA
PETER B. SKELOS
MARK C. DILLON, JJ.
|
2013-11008, 2014-01179
Padilla Construction Services, Inc., respondent, v DeMicco Brothers, Inc., et a appellants, et al., defendants. (Appeal No. 1) Padilla Construction Services, Inc., appella respondent, v DeMicco Brothers, Inc., et a respondents-appellants, Zurich American I Company, et al., respondents. (Appeal No. 2) (Index No. 4391/11)
| DECISION & ORDER ON MOTION l., nt- l., nsurance |
On the Court's own motion, it is
ORDERED that the order on application of this Court dated May 8, 2014, in the above-entitled case is recalled and vacated, and the following order on application is substituted therefor:
Application pursuant to 22 NYCRR 670.8(d)(2) on an appeal from an order of the Supreme Court, Nassau County, dated August 16, 2013, and an appeal and cross appeal from an order of the same court dated November 18, 2013, to enlarge the time of DeMicco Brothers, Inc., and Frank DeMicco to serve and file their brief.
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, the time of DeMicco Brothers, Inc., and Frank DeMicco to serve and file a brief is enlarged until June 30, 2014, and the brief of DeMicco Brothers, Inc. and Frank DeMicco, including their points of argument on the appeal from the order dated August 16, 2013, and their cross appeal from the order dated November 18, 2013 (see 22 NYCRR 670.8[c][3]), must be served and filed on or before that date; and it is further,
ORDERED that the brief of the respondents Fidelity & Deposit Company of Maryland and Zurich American Insurance Company, must be served and filed on or before August 4, 2014; and it is further,
ORDERED that the brief of Padilla Construction Services, Inc., in response on the appeal from the order dated August 16, 2013, and in reply on the appeal from the order dated November 18, 2013, must be served and filed on or before September 8, 2014; and it is further,
ORDERED that the reply brief of DeMicco Brothers, Inc., and Frank DeMicco, must be served and filed on or before September 23, 2014.
ENG, P.J., MASTRO, RIVERA, SKELOS and DILLON, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court