Appellate Division: Second Judicial Department

M191654

S/sl

RANDALL T. ENG, P.J.

WILLIAM F. MASTRO

REINALDO E. RIVERA

PETER B. SKELOS

MARK C. DILLON, JJ.

2014-09716 Jeffrey S. Macchio, respondent-appellant, v Michaels Electrical Supply Corp., et al., appellants-respondents. (Index No. 3226/11)

DECISION & ORDER ON MOTION

On the Court's own motion, it is

ORDERED that the order on application of this Court dated April 28, 2015, in the above-entitled appeal is recalled and vacated and the following order on application is substituted therefor:

Application by the respondent-appellant pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect his cross appeal from an order of the Supreme Court, Nassau County, dated July 16, 2014, and cross application by the appellants-respondents to enlarge their time to perfect their appeal.

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

ORDERED that the application and cross application are granted; and it is further,

ORDERED that the appellants-respondents' time to perfect the appeal is enlarged until June 15, 20115, and the joint record or appendix on appeal (see 22 NYCRR 670.8[c][1]) and the appellants-respondents' brief must be served and filed on or before that date; and it is further,

 ORDERED that the respondent-appellant shall serve and file his 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]).

ENG, P.J., MASTRO, RIVERA, SKELOS and DILLON, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court