Appellate Division: Second Judicial Department

M213135

E/sl

RUTH C. BALKIN, J.P.

SHERI S. ROMAN

JEFFREY A. COHEN

FRANCESCA E. CONNOLLY, JJ.

2014-04993 Dolores Gonzalez, et al., respondents, v Village Taxi Corp., et al., appellants, et al., defendants. (Index No. 29485/09)

DECISION & ORDER ON MOTION

Motion by the appellants Pedro Montoya, Yodna Vivanco-Small, Zoila Ivarra, Villiage Taxi, Corp., P.C. Taxi Corporation, and Luso American Taxi to recall and vacate so much of a decision and order on motion of this Court dated May 5, 2016, as dismissed their appeal from a judgment of the Supreme Court, Westchester County, dated March 31, 2014, to reinstate their appeal, and to enlarge the time to perfect their appeal. Separate motion by the appellant Anaen Goyburu Corp. to enlarge the time to serve and file a reply brief.

Upon the papers filed in support of the motion by the appellants Pedro Montoya, Yodna Vivanco-Small, Zoila Ivarra, Villiage Taxi, Corp., P.C. Taxi Corporation, and Luso American Taxi and the papers filed in opposition thereto, and upon the papers filed in support of the motion by the appellant Anaen Goyburu Corp. and no papers having been filed in opposition or in relation thereto, it is

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

ORDERED that so much of the decision and order on motion of this Court dated May 5, 2016, as dismissed the appeal by the appellants Pedro Montoya, Yodna Vivanco-Small, Zoila Ivarra, Villiage Taxi, Corp., P.C. Taxi Corporation, and Luso American Taxi, is recalled and vacated, the appeal by the appellants Pedro Montoya, Yodna Vivanco-Small, Zoila Ivarra, Villiage Taxi, Corp., P.C. Taxi Corporation, and Luso American Taxi is reinstated, the time to perfect that appeal is enlarged until June 27, 2016, and the brief of the appellants Pedro Montoya, Yodna Vivanco-Small, Zoila Ivarra, Villiage Taxi, Corp., P.C. Taxi Corporation, and Luso American Taxi must be served and filed on or before that date; and it is further,

ORDERED that no further enlargement of time shall be granted; and it is further,

ORDERED that on the Court's own motion, the respondents shall serve and file a brief in response to the brief filed by the appellants Pedro Montoya, Yodna Vivanco-Small, Zoila Ivarra, Villiage Taxi, Corp., P.C. Taxi Corporation, and Luso American Taxi, is recalled and vacated, the appeal by the appellants Pedro Montoya, Yodna Vivanco-Small, Zoila Ivarra, Villiage Taxi, Corp., P.C. Taxi Corporation, and Luso American Taxi on or before July 27, 2016; and it is further,

ORDERED that the time of the appellant Anaen Goyburu Corp., to serve and file a reply brief is enlarged until August 11, 2016, and the reply brief must be served and filed on or before that date.

BALKIN, J.P., ROMAN, COHEN and CONNOLLY, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court