Appellate Division: Second Judicial Department

M203793

E/ct

2014-11031, 2015-04222 Drena Mileski, etc., et al., respondents, v MSC Industrial Direct Co., Inc., defendant third-party plaintiff-respondent-appellant, et al., defendants; Buffalo Machinery Co., Ltd., third-party defendant-appellant-respondent, et al., third-party defendants. (Index No. 10391/09)

DECISION & ORDER ON MOTION

On the Court's own motion, it is

ORDERED that the order on application of this Court dated December 10, 2015, in the above-entitled case is recalled and vacated, and the following order on application is substituted therefor:

Application by the defendant third-party plaintiff-respondent-appellant pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to serve and file a brief on appeals and cross appeals from two orders of the Supreme Court, Suffolk County, dated September 11, 2014, and March 3, 2015, respectively.

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

ORDERED that the application is granted, the defendant third-party plaintiff-respondent-appellant's time to serve and file a brief is enlarged until January 11, 2016, and the defendant third-party plaintiff-respondent-appellant's brief, including the points of argument on the cross appeals (see 22 NYCRR 670.8[c][3]), must be served and filed on or before that date.

ENTER:

Aprilanne Agostino

Clerk of the Court