Verizon New York, Inc. v Supervisor of Town of North He
Motion No: 2013-05323
Slip Opinion No: 2014 NY Slip Op 77263(U)
Decided on July 8, 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.


Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M176850

E/sl

WILLIAM F. MASTRO, J.P.

LEONARD B. AUSTIN

JEFFREY A. COHEN

HECTOR D. LASALLE, JJ.

2013-05323

Verizon New York, Inc., et al., respondents-appellant

v Supervisor of Town of North Hempstead,

et al., defendants third-party plaintiffs-respondents;

County of Nassau, et al., third-party

defendants-appellants-respondents.

(Index No. 8308/10)

DECISION & ORDER ON MOTION

s,

Motion by the third-party defendants-appellants-respondents to hold in abeyance an appeal and a cross appeal from an order of the Supreme Court, Nassau County, entered March 11, 2013, pending determination of certain motions, inter alia, for leave to reargue related appeals, or, in the alternative, in effect, to enlarge the time to perfect the appeal and cross appeal from the order entered March 11, 2013. Application by the respondents-appellants pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect the appeal and cross appeal from the order entered March 11, 2013.

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

ORDERED that the branch of the motion which is to hold the appeal and cross appeal in abeyance is denied; and it is further,

ORDERED that the branch of the motion which is, in effect, to enlarge the time to perfect the appeal and cross appeal and the application for that relief are granted, the time to perfect the appeal is enlarged until September 8, 2014, and the joint record or appendix on the appeal and the movants' brief must be served and filed on or before that date; and it is further,

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

MASTRO, J.P., AUSTIN, COHEN and LASALLE, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court