Appellate Division: Second Judicial Department

M212788

E/ct

RUTH C. BALKIN, J.P.

ROBERT J. MILLER

SYLVIA O. HINDS-RADIX

VALERIE BRATHWAITE NELSON, JJ.

2015-10090 In the Matter of Government Employees Insurance Company, petitioner-respondent, v Christian Rodriguez, et al., respondents- respondents, Metropolitan Transportation Authority, et al., appellants. (Index No. 709968/14)

DECISION & ORDER ON MOTION

Application by the appellants pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect an appeal from an order of the Supreme Court, Queens County, entered September 16, 2015. By order to show cause dated May 4, 2016, the parties were directed to show cause before this Court why an order should or should not be made and entered dismissing the appeal insofar as taken by Metropolitan Transportation Authority on the ground that it is not aggrieved and the application was held in abeyance in the interim. Application by the appellants to withdraw the appeal insofar as taken by Metropolitan Transportation Authority.

Now, upon the order to show cause and the papers filed in response thereto, and 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 application to withdraw the appeal insofar as taken by Metropolitan Transportation Authority is granted and the appeal is deemed withdrawn, without costs or dibursements; and it is further,

ORDERED that the motion to dismiss the appeal is denied as academic; and it is further,

ORDERED that the application to enlarge the time to perfect the appeal is granted to the extent that the time of the appellant MTA Bus Company to perfect the appeal is enlarged until August 8, 2016, the record or appendix and the MTA Bus Company's brief must be served and filed on or before that date, and the application is otherwise denied as academic.

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

ENTER:

Aprilanne Agostino

Clerk of the Court