| Montalvo v CVS Pharmacy, Inc. |
| Motion No: 2016-00223 |
| Slip Opinion No: 2016 NY Slip Op 88515(U) |
| Decided on October 17, 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. |
Appellate Division: Second Judicial Department
M219781
E/sl
RANDALL T. ENG, P.J.
WILLIAM F. MASTRO
REINALDO E. RIVERA
MARK C. DILLON
RUTH C. BALKIN, JJ.
|
2016-00223 Edward Montalvo, et al., respondents-appellants, v CVS Pharmacy, Inc., respondent, JA-TO Building Contractors, Inc., doing business as JATO Building Contractors, appellant-respondent, et al., defendant (and third-party actions). (Index No. 7234/05)
| DECISION & ORDER ON MOTION |
Application by the respondent pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to serve and file a brief on an appeal and cross appeal from an order of the Supreme Court, Suffolk County, dated October 22, 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 on the Court's own motion, the cross appeal is dismissed, without costs or disbursements, for failure to timely perfect in accordance with the rules of this Court (see 22 NYCRR 670.8[e]); and it is further,
ORDERED that the application is granted, the respondent's time to serve and file a brief is enlarged until November 5, 2016, and the respondent's brief 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