Appellate Division: Second Judicial Department

M203609

E/sl

RUTH C. BALKIN, J.P.

THOMAS A. DICKERSON

ROBERT J. MILLER

SYLVIA O. HINDS-RADIX, JJ.

2014-08605, 2015-01169 Bernard H. Vogel, et al., respondents-appellants, v American Guarantee & Liability Insurance Company, appellant-respondent, et al., defendants. (Index No. 6748/12)

DECISION & ORDER ON MOTION

2015-05642

Bernard H. Vogel, et al., appellants,

v American Guarantee & Liability Insurance

Company, et al., respondents.

(Index No. 6748/12)

2015-06417, 2015-06555

Bernard H. Vogel, et al., appellants-respondents,

v American Guarantee & Liability Insurance

Company, et al., respondents-appellants, et al.,

defendant.

(Index No. 6748/12)

Motion by Bernard H. Vogel and Seavey Vogel & Oziel, LLP, on appeals and cross appeals from an order of the Supreme Court, Nassau County, dated July 20, 2014, and a judgment of the same court dated November 18, 2014 (Appellate Division Docket Nos. 2014-08605 and 2015-01169), an appeal from an order of the same court entered March 26, 2015 (Appellate Division Docket No. 2015-05642), and appeals and cross appeals from an order of the same court entered July 7, 2015, and an amended judgment of the same court entered May 18, 2015 (Appellate Division Docket Nos. 2015-06417 and 2015-06555), to enlarge their time to serve and file an answering brief in connection with the appeals and cross appeals pending under Appellate Division Docket Nos. 2014-08605 and 2015-01169. Separate motion by Bernard H. Vogel and Seavey Vogel & Oziel, LLP, to enlarge the time to perfect the appeals under Appellate Division Docket Nos. 2015-05642, 2015-06417, and 2015-06555, for leave to refer to the joint record filed in connection with the appeals and cross appeals pending under Appellate Division Docket Nos. 2014-08605 and 2015-01169 in the briefs to be filed in connection with the appeals and cross appeals pending under Appellate Division Docket Nos. 2015-05642, 2015-06417, and 2015-06555, and for leave to dispense with reproducing the documents contained in the joint record filed in connection with the appeals and cross appeals pending under Appellate Division Docket Nos. 2014-08605 and 2015-01169 in the joint record or appendix to be filed in connection with the appeals and cross appeals pending under Appellate Division Docket Nos. 2015-05642, 2015-06417, and 2015-06555.

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

ORDERED that the motion to enlarge the time to serve and file an answering brief in connection with the appeals and cross appeals pending under Appellate Division Docket Nos. 2014-08605 and 2015-01169 is granted, the time of Bernard H. Vogel and Seavey Vogel & Oziel, LLP, to serve and file an answering brief on these appeals and cross appeals, including the points of argument on the cross appeals (see 22 NYCRR 670.8[c][3]), is enlarged until February 1, 2016, and the answering brief must be served and filed on or before that date; and it is further,

ORDERED that the branch of the motion which is to enlarge the time to perfect the appeals under Appellate Division Docket Nos. 2015-05642, 2015-06417, and 2015-06555 is granted, the time of Bernard H. Vogel and Seavey Vogel & Oziel, LLP, to perfect these appeals is enlarged until February 29, 2016, and the joint record or appendix and the movants' brief must be served and filed on or before that date; and it is further,

ORDERED that American Guarantee & Liability Insurance Company and Zurich American Insurance Company shall serve and file their answering brief, including the points of argument on the cross appeals, in connection with the appeals and cross appeals pending under Appellate Division Docket Nos. 2015-05642, 2015-06417, and 2015-06555, in accordance with the rules of this Court (see 22 NYCRR 670.8[c][3]); and it is further,

ORDERED that the motion is otherwise denied; and it is further,

ORDERED that on the Court's own motion, the appeals and cross appeals will be calendared together and will be argued or submitted on the same date.

BALKIN, J.P., DICKERSON, MILLER and HINDS-RADIX, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court