Appellate Division: Second Judicial Department

M209410

U/sl

RANDALL T. ENG, P.J.

WILLIAM F. MASTRO

REINALDO E. RIVERA

MARK C. DILLON

RUTH C. BALKIN, JJ.

2015-09141 Stenneth Knight, appellant-respondent, v Robert J. Barsch, et al., respondents-appellants, Joseph Fenelon, et al., defendants. (Index No. 12421/12)

DECISION & ORDER ON MOTION

On the Court's own motion, it is

ORDERED that the order on application dated January 13, 2016, in the above-entitled case is recalled and vacated, and the following order on application is substituted therefor:

Application by the appellant-respondent pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect an appeal and cross appeal from a judgment of the Supreme Court, Kings County, dated July 31, 2015. Separate application by the respondents-appellants for the same relief.

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 applications are granted; and it is further,

ORDERED that the appellant-respondent's 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 appellant-respondent's 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]).

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

ENTER:

Aprilanne Agostino

Clerk of the Court