Nalewajk v Kolbe & Kolbe Millwork, Co., Inc.
Motion No: 2015-06381
Slip Opinion No: 2016 NY Slip Op 83014(U)
Decided on August 18, 2016
Appellate Division, Second Department, Motion Decision
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
This motion is uncorrected and is not subject to publication in the Official Reports.


Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M216749

J/afa

RANDALL T. ENG, P.J.

WILLIAM F. MASTRO

REINALDO E. RIVERA

MARK C. DILLON

RUTH C. BALKIN, JJ.

2015-06381

Robert Nalewajk, et al., plaintiffs-respondents,

v Kolbe & Kolbe Millwork, Co., Inc., defendant

third-party plaintiff-appellant, Dimensional

Millwork, Inc., et al., defendants-respondents;

Ample Contracting, Inc., et al., third-party

defendants-appellants.

(Index No. 37842/11)

DECISION & ORDER ON MOTION

Application by the third-party defendants-appellants Ample Contracting Inc., and Jim Makarius to withdraw their appeal from an order of the Supreme Court, Suffolk County, entered May 1, 2015.

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 application is granted, the appeal by the third-party defendants-appellants Ample Contracting Inc., and Jim Makarius is marked withdrawn; and it is further,

ORDERED that on the Court's own motion, the time of the third-party defendants-appellants J.Z. Woodworks, John Zotos, and John Zotos doing business as J.Z. Woodworks, and the defendant third-party plaintiff-appellant Kolbe & Kolbe Millwork Co., Inc., to perfect their appeals is enlarged until September 21, 2016, and the joint record or appendix on the appeals and the respective briefs of the third-party defendants-appellants J.Z. Woodworks, John Zotos, and John Zotos doing business as J.Z. Woodworks, and the defendant third-party plaintiff-appellant Kolbe & Kolbe Millwork Co., Inc., must be served and filed on or before that date.

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

ENTER:

Aprilanne Agostino

Clerk of the Court