Appellate Division: Second Judicial Department

M192847

E/ct

2014-11047 Pinelawn Cemetery, respondent, v Metropolitan Transportation Authority, et al., defendant/counterclaim plaintiff-appellant- respondent, New York and Atlantic Railway, defendant-appellant-respondent; Town of Babylon, counterclaim defendant-respondent-appellant. (Index No. 4452/09)

ORDER ON APPLICATION

Application pursuant to 22 NYCRR 670.8(d)(2) to enlarge the counterclaim defendant-respondent-appellant's time to serve and file a brief on appeals and a cross appeal from a judgment of the Supreme Court, Suffolk County, dated September 8, 2014, and to enlarge the respondent's time to serve and file a 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 branch of the application which is to enlarge the counterclaim defendant-respondent-appellant's time to serve and file a brief is granted, the counterclaim defendant-respondent-appellant's time to serve and file a brief is enlarged until June 26, 2015, and the counterclaim defendant-respondent-appellant's brief, including the points of argument on the cross appeal (see 22 NYCRR 670.8[c][3]), must be served and filed on or before that date; and it is further,

ORDERED that the application is otherwise denied as premature.

ENTER:

Aprilanne Agostino

Clerk of the Court