Kelly v Mall at Smith Haven, LLC
Motion No: 2014-10078
Slip Opinion No: 2015 NY Slip Op 90811(U)
Decided on November 18, 2015
Appellate Division, Second Department, Motion Decision
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
This motion is uncorrected and is not subject to publication in the Official Reports.


Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M201841

W/sl

REINALDO E. RIVERA, J.P.

CHERYL E. CHAMBERS

SANDRA L. SGROI

HECTOR D. LASALLE, JJ.

2014-10078

John J. Kelly, et al., appellants, v Mall at Smith

Haven, LLC, defendant-respondent, E.W.

Howell Co., Inc., defendant third-party

plaintiff-respondent; RF Paving Corp.,

third-party defendant-respondent.

(Index No. 27882/10)

DECISION & ORDER ON MOTION

Motion by the third-party defendant-respondent to enlarge the time to serve and file a brief on an appeal from an order of the Supreme Court, Suffolk County, dated August 6, 2014.

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

ORDERED that the motion is granted, the third-party defendant-respondent's time to serve and file a brief is enlarged until November 30, 2015, and the third-party defendant-respondent's brief must be served and filed on or before that date.

RIVERA, J.P., CHAMBERS, SGROI and LASALLE, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court