Appellate Division: Second Judicial Department

M204784

E/ct

THOMAS A. DICKERSON, J.P.

COLLEEN D. DUFFY

HECTOR D. LASALLE

BETSY BARROS, JJ.

2014-10990, 2015-02883 Frederick M. Cioffi, et al., appellants, v S.M. Foods, Inc., et al., defendants third-party plaintiffs-respondents, Atlanta Foods International, et al., defendants-respondents, et al., defendant; Village of Tuckahoe, et al., third-party defendants-respondents. (Index No. 55391/11)

DECISION & ORDER ON MOTION

Motion by Russell McCall's, Inc., Atlanta Foods International, and Doug Jay to enlarge the time to serve and file their brief on appeals from two orders of the Supreme Court, Westchester County, dated October 20, 2014, and March 4, 2015, respectively. Application by S.M. Foods, Inc., GFI Boston, LLC, PLM Trailer Leasing, Daniel E. Burke, and Ryder Truck Rental, Inc., pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to serve and file their respective briefs. Cross motion by the appellants to enlarge the time to serve and file a reply brief.

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

ORDERED that the motion and the application are granted, the time of Russell McCall's, Inc., Atlanta Foods International, and Doug Jay, as well as S.M. Foods, Inc., GFI Boston, LLC, PLM Trailer Leasing, Daniel E. Burke, and Ryder Truck Rental, Inc., to serve and file their respective briefs is enlarged until February 16, 2016, and the briefs must be served and filed on or before that date; and it is further,

ORDERED that the cross motion is denied as premature.

DICKERSON, J.P., DUFFY, LASALLE and BARROS, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court