Appellate Division: Second Judicial Department

M212794

E/sl

MARK C. DILLON, J.P.

CHERYL E. CHAMBERS

SYLVIA O. HINDS-RADIX

VALERIE BRATHWAITE NELSON, JJ.

2015-03507, 2016-00205 Vincent Lawson, et al., plaintiffs, v R & L Carriers, Inc., defendant third-party plaintiff- respondent-appellant; Truck Rite Distribution Systems Corp., third-party defendant-appellant- respondent. (Index Nos. 1207/11, 350346/11)

DECISION & ORDER ON MOTION

Motion by Truck Rite Distribution Systems Corp. on its appeal from a judgment of the Supreme Court, Queens County, entered November 17, 2015, and an appeal by R & L Carriers, Inc., from an order of the same court entered January 8, 2015, to dismiss the appeal from the order on the ground that the right of direct appeal therefrom terminated upon entry of the judgment, or, in the alternative, to enlarge the time to serve and file a brief in connection with the appeal from the order. Cross motion by R & L Carriers, Inc., pursuant to CPLR 5520(c) to deem its notice of appeal from the order to be a premature notice of appeal from the judgment. Application by Truck Rite Distribution Systems Corp. pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect the appeal from the judgment.

Upon the papers filed in support of the motion and the cross motion, and the papers filed in opposition thereto, and 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 cross motion is granted, the notice of appeal from the order is deemed to be a premature notice of appeal by R & L Carriers, Inc., from the judgment (see CPLR 5520[c]), the notice of appeal by Truck Rite Distribution Systems Corp. from the judgment is deemed to be a notice of cross appeal from the judgment, the record filed in connection with the appeal from the order is deemed to be a joint record filed in connection with the appeal and cross appeal from the judgment, the brief filed by R & L Carriers, Inc., in connection with the appeal from the order is deemed to be R & L Carriers, Inc's., brief filed in connection with the appeal from the judgment, and the appeal and cross appeal from the judgment shall be prosecuted under Appellate Division Docket No. 2016-00205; and it is further,

ORDERED that the branch of the motion which is to enlarge the time of Truck Rite Distribution Systems Corp. to serve and file a brief in response to the appeal by R & L Carriers, Inc., and the application to enlarge the time to perfect its cross appeal from the judgment are granted, the time for Truck Rite Distribution Systems Corp., to serve and file a brief in response to the appeal by R & L Carriers, Inc., from the judgment and containing the points of argument in connection with its cross appeal from the judgment is enlarged until July 29, 2016, and the brief must be served and filed on or before that date; and it is further,

ORDERED that on or before July 8, 2016, R & L Carriers, Inc., shall serve and file a supplemental joint record containing the judgment, Truck Rite Distribution Systems Corp.'s notice of cross appeal from the judgment, and all papers relevant to the issues to be raised in Truck Rite Distribution Systems Corp.'s brief which are not contained in the joint record; and it is further,

ORDERED that on or before August 9, 2016, R & L Carriers, Inc., shall serve and file a reply brief, if any; and it is further,

ORDERED that on or before September 15, 2016, Truck Rite Distribution Systems Corp. shall serve and file a reply brief, if any.

DILLON, J.P., CHAMBERS, HINDS-RADIX and BRATHWAITE NELSON, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court