Appellate Division: Second Judicial Department

M193606

E/sl

CHERYL E. CHAMBERS, J.P.

L. PRISCILLA HALL

JEFFREY A. COHEN

JOSEPH J. MALTESE, JJ.

2014-04423, 2014-05419, 2014-09711 David M. Cohen, plaintiff-respondent, v Stanley Cohen, et al., appellants, Martin Cohen, et al., defendants-respondents, et al., defendants. (Index No. 10934/10)

DECISION & ORDER ON MOTION

Motion by the defendant-respondent Five Towns College to enlarge the time to serve and file brief on appeals from three orders of the Supreme Court, Suffolk County, dated April 23, 2014, April 28, 2014, and May 23, 2014, respectively. Separate motion by the plaintiff-respondent to enlarge the time to serve and file a brief. Separate motion by the appellants John D. Quinn, Joseph Castronovo, Marion Fleming, Frank Scalzo, Phillip Smith, Bruce Rensing, and Harriet Hirshfield, as executrix of the estate of Milton Hirshfield, to substitute Harriet Hirshfield for the deceased appellant, Milton Hirshfield, in effect, to withdraw their appeals from the orders dated April 23, 2014, and April 28, 2014, to denominate them as respondents on the appeals, and to extend their time to serve and file a respondents' brief. Cross motion by the defendant-respondent Five Towns College to amend the caption to denominate John D. Quinn, Joseph Castronovo, Marion Fleming, Frank Scalzo, Phillip Smith, and Bruce Rensing, and Harriet Hirshfield, as executrix of the estate of Milton Hirshfield, as defendants who are not parties to the appeals.

Upon the papers filed in support of the motions and the cross motion, and the papers filed in opposition thereto, it is

ORDERED that the branch of the motion of John D. Quinn, Joseph Castronovo, Marion Fleming, Frank Scalzo, Phillip Smith, Bruce Rensing, and Harriet Hirshfield, as executrix of the estate of Milton Hirshfield, which is to substitute Harriet Hirshfield, as executrix of the estate of Milton Hirshfield, for the deceased appellant, Milton Hirshfield, is granted; and it is further,

ORDERED that the branch of the motion of John D. Quinn, Joseph Castronovo, Marion Fleming, Frank Scalzo, Phillip Smith, Bruce Rensing, and Harriet Hirshfield, as executrix of the estate of Milton Hirshfield, which is, in effect, to withdraw the appeals by the appellants John D. Quinn, Joseph Castronovo, Marion Fleming, Frank Scalzo, Phillip Smith, and Bruce Rensing, and Harriet Hirshfield, as executrix of the estate of Milton Hirshfeld, from the orders dated April 23, 2014, and April 28, 2014, is granted and those appeals are deemed withdrawn, without costs or disbursements; and it is further,

ORDERED that the motion by John D. Quinn, Joseph Castronovo, Marion Fleming, Frank Scalzo, Phillip Smith, and Bruce Rensing, and Harriet Hirshfield, as executrix of the estate of Milton Hirshfield, is otherwise denied; and it is further,

ORDERED that the cross motion is granted, and the caption is amended to denominate John D. Quinn, Joseph Castronovo, Marion Fleming, Frank Scalzo, Phillip Smith, and Bruce Rensing, and Harriet Hirshfield, as executrix of the estate of Milton Hirshfield as defendants; and it is further,

ORDERED that motions by the defendant-respondent Five Towns College and the plaintiff-respondent are granted, the time of the defendant-respondent Five Towns College and the plaintiff-respondent to serve and file their respective briefs is enlarged until July 8, 2015, and the briefs must be served and filed on or before that date.

CHAMBERS, J.P., HALL, COHEN and MALTESE, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court