Appellate Division: Second Judicial Department

M213381

E/sl

RANDALL T. ENG, P.J.

SANDRA L. SGROI

JOSEPH J. MALTESE

COLLEEN D. DUFFY, JJ.

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)

DECISION & ORDER ON MOTION

Motion by Derrick Kelley and Lisa Marie Kelley and separate motion by Wheelabrator Westchester, L.P., and Wheelabrator Environmental Systems, Inc., to enlarge the time to perfect an appeal and cross appeal from an order of the Supreme Court, Westchester County, dated July 7, 2015.

Upon the papers filed in support of the motions 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 the time to perfect the appeal is enlarged until July 18, 2016, and the joint record or appendix on the appeal and cross appeal (see 22 NYCRR 670.8[c][1]) and the brief of Wheelabrator Westchester, L.P., and Wheelabrator Environmental Systems, Inc., 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 Derrick Kelley and Lisa Marie Kelley 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., SGROI, MALTESE and DUFFY, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court