Appellate Division: Second Judicial Department

M196983

E/sl

REINALDO E. RIVERA, J.P.

L. PRISCILLA HALL

HECTOR D. LASALLE

BETSY BARROS, JJ.

2015-03511 Franklin G. S. Alvarez, et al., plaintiffs- respondents-appellants, v Vingsan Limited Partnership, appellant-respondent, John Doe, etc., et al., defendants, JP Morgan Chase Bank, N.A., defendant-respondent-appellant (and a third-party action). (Index No. 700944/12)

DECISION & ORDER ON MOTION

Motion by Franklin G. S. Alvarez and Herminia Aguerto on an appeal and cross appeals from an order of the Supreme Court, Queens County, entered January 8, 2015, to deem a notice of cross appeal dated January 29, 2015, amended to reflect that Herminia Aguerto is a cross appellant. Separate applications by Vingsan Limited Partnership and JP Morgan Chase Bank, N.A., pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect the appeal and cross appeals.

Upon the papers filed in support of the motion and the applications, and no papers having been filed in opposition or in relation thereto, it is

ORDERED that the motion and the applications are granted; and it is further,

ORDERED that the time to perfect the appeal is enlarged until October 13, 2015, and Vingsan Limited Partnership shall serve and file the joint record or appendix on the appeal and cross appeals (see 22 NYCRR 670.8[c][1]) and its brief must be serve and filed on or before that date; and it is further,

ORDERED that JP Morgan Chase Bank, N.A., shall serve and file its answering brief, including the points of argument on its cross appeal (see 22 NYCRR 670.8[c][3]), on or before November 12, 2015; and it is further,

ORDERED that Franklin G. S. Alvarez and Herminia Aguerto shall serve and file their answering brief, if any, including the points of argument on their cross appeal (see 22 NYCRR 670.8[c][3]), on or before December 14, 2015; and it is further,

ORDERED that Vingsan Limited Partnership shall serve and file a brief, if any, in reply to the briefs filed by JP Morgan Chase Bank, N.A., and Franklin G. S. Alvarez and Herminia Aguerto, and in response to the cross appeal of Franklin G. S. Alvarez and Herminia Aguerto, on or before January 13, 2016; and it is further,

ORDERED that JP Morgan Chase Bank, N.A., shall serve and file a brief, if any, in reply to the brief filed by Franklin G. S. Alvarez and Herminia Aguerto on its cross appeal, on or before January 13, 2016; and it is further,

ORDERED that Franklin G. S. Alvarez and Herminia Aguerto shall serve and file a reply brief, if any, on or before January 28, 2016.

RIVERA, J.P., HALL, LASALLE and BARROS, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court