Appellate Division: Second Judicial Department

M200862

E/ct

MARK C. DILLON, J.P.

SANDRA L. SGROI

JEFFREY A. COHEN

HECTOR D. LASALLE, JJ.

2014-03730, 2015-00202 Steven Kane, et al., respondents, v Peter M. Moore Construction Company, Inc., appellant- respondent, Nicholas Sgaglione, as executor of the estate of Leslie Sgaglione, respondent- appellant, et al., defendant. (Index No. 680/11)

DECISION & ORDER ON MOTION

Motion by Nicholas Sgaglione, as executor of the estate of Leslie Sgaglione, to be substituted for the deceased respondent-appellant, Leslie Sgaglione, on appeals and cross appeals from two orders of the Supreme Court, Nassau County, dated February 25, 2014, and October 6, 2014, respectively, and to withdraw the cross appeals by Nicholas Sgaglione, in his individual capacity. Application by the 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 application, and no papers having been filed in opposition or in relation thereto, it is

ORDERED that the motion is granted, Nicholas Sgaglione, as executor of the estate of Leslie Sgaglione, is substituted for the deceased respondent-appellant, Leslie Sgaglione, the caption is amended accordingly, and the cross appeals by Nicholas Sgaglione, in his individual capacity, are deemed withdrawn, without costs or disbursements; and it is further,

ORDERED that application is granted, the respondents' time to serve and file a brief is enlarged until November 30, 2015, and the respondents' brief must be served and filed on or before that date; and it is further,

ORDERED that the reply briefs, if any shall be served and filed in accordance with the rules of the Court (see 22 NYCRR 670.8[b]).

DILLON, J.P., SGROI, COHEN and LASALLE, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court