Appellate Division: Second Judicial Department

M191306

E/sl

REINALDO E. RIVERA, J.P.

LEONARD B. AUSTIN

JEFFREY A. COHEN

COLLEEN D. DUFFY, JJ.

2014-05696 In the Matter of Gregory P. Scialdone, appellant, v New York State Division of Housing and Community Renewal, et al., respondents-respondents; Stepping Stones Associates, L.P., et al., nonparty-respondents. (Index No. 3406/13)

DECISION & ORDER ON MOTION

Motion by the nonparty-respondents, Stepping Stones Associates, L.P., and DeRosa Builders, Inc., for leave to intervene on an appeal from an order and judgment (one paper) of the Supreme Court, Westchester County, dated February 11, 2014, and to enlarge the time to serve and file a brief. Application by the respondents-respondents pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to serve and file a brief.

Upon the papers filed in support of the motion and the papers filed in opposition and in relation thereto, and upon the papers filed in support of the application and the papers filed in opposition thereto, it is

ORDERED that the branch of the motion which is for leave to intervene is denied as unnecessary as Stepping Stones Associates, L.P., and DeRosa Builders, Inc., are nonparty-respondents on the appeal; and it is further,

ORDERED that the branch of the motion which is to enlarge the nonparty-respondents' time to serve and file a brief and the application to enlarge the respondents-respondents' time to serve and file a brief are granted, the time of the nonparty-respondents and the respondents-respondents to serve and file their respective briefs is enlarged until June 8, 2015, and the briefs of the nonparty-respondents and the respondents-respondents must be served and filed on or before that date.

RIVERA, J.P., AUSTIN, COHEN and DUFFY, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court