Appellate Division: Second Judicial Department

M208015

J/sl

2015-06215 Derrick Kelley, et al., respondents-appellants, v Wheelabrator Westchester, L.P., defendant third-party plaintiff-appellant-respondent, Wheelabrator Environmental Systems, Inc., defendant-appellant-respondent, Zampell Refractories, Inc., defendant third-party defendant/ second third-party plaintiff-respondent, Zampell Advanced Refractory Technologies, Inc., defendant- respondent; FW Services, Inc., doing business as Pacesetter Personnel Services, et al., second third- party defendants-respondents. (Index No. 50778/12)

ORDER ON APPLICATION

Application by Derrick Kelley and Lisa Marie Kelley and separate application by Wheelabrator Westchester, L.P., and Wheelabrator Environmental Systems, Inc., pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect an appeal and a cross appeal from an order of the Supreme Court, Westchester County, dated July 7, 2015.

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

ORDERED that the applications are granted; and it is further,

ORDERED that the appellants-respondents' time to perfect the appeal is enlarged until May 9, 2016, and the joint record or appendix on the appeal and cross appeal (see 22 NYCRR 670.8[c][1]) and the appellants-respondents' brief must be served and filed on or before that date; and it is further,

ORDERED that the respondents-appellants shall serve and file the answering brief, including the points of argument on the cross appeal, in accordance with the rules of this Court (see 22 NYCRR 670.8[c][3]).

ENTER:

Aprilanne Agostino

Clerk of the Court