Appellate Division: Second Judicial Department

M201494

E/ct

REINALDO E. RIVERA, J.P.

JOHN M. LEVENTHAL

ROBERT J. MILLER

COLLEEN D. DUFFY, JJ.

2013-10753 Eugene Pitt, appellant, v New York City Transit Authority, respondent. (Index No. 33476/06)

DECISION & ORDER ON MOTION

Appeal by the plaintiff from an order of the Supreme Court, Kings County, dated March 8, 2011. By order to show cause dated October 2, 2015, the parties were directed to show cause before this Court why an order should or should not be made and entered dismissing the appeal in the above-entitled action for failure to comply with a decision and order on motion of this Court dated July 29, 2015, which directed the appellant to serve and file a supplemental record containing respondent's trial exhibit D, on or before August 28, 2015.

Now, upon the order to show cause and the papers filed in response thereto, it is

ORDERED that the motion to dismiss the appeal is denied; and it is further,

ORDERED that the appellant's time to serve and file the supplemental record containing respondent's trial exhibit D, is extended until November 30, 2015; and it is further,

ORDERED that on the Court's own motion, the respondent's time to serve and file a brief is enlarged until December 30, 2015, and the respondent's brief must be served and filed on or before that date.

RIVERA, J.P., LEVENTHAL, MILLER and DUFFY, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court