Randazzo v Consolidated Edison Company of New York,
Motion No: 2015-06838
Slip Opinion No: 2016 NY Slip Op 60414(U)
Decided on January 7, 2016
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

M204341

S/sl

RANDALL T. ENG, P.J.

WILLIAM F. MASTRO

REINALDO E. RIVERA

MARK C. DILLON

RUTH C. BALKIN, JJ.

2015-06838

Anthony Randazzo, etc., plaintiff-appellant,

v Consolidated Edison Company of New York, Inc.,

defendant third-party plaintiff/second third-party

plaintiff-appellant, VRD Construction Co., defendant

third-party defendant-respondent, MPM Exclusive

Enterprise, Inc., defendant second third-party

defendant-respondent;, Marcello Puleo, defendant

second third-party defendant-respondent,

Domenica Puleo, second third-party defendant-

respondent.

(Index No. 26377/10)

DECISION & ORDER ON MOTION

On the Court's own motion, it is

ORDERED that the order on application of this Court dated December 8, 2015, is recalled and vacated and the following order on application is substituted therefor:

Application by the defendant second third-party defendant-respondent Marcello Puleo and second third-party defendant-respondent Domenica Puleo pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to serve and file a brief on an appeal from an order of the Supreme Court, Kings County, dated April 27, 2015.

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 denied as unnecessary as the plaintiff-appellant has not yet served and filed a brief.

ENG, P.J., MASTRO, RIVERA, DILLON and BALKIN, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court