Appellate Division: Second Judicial Department

M219862

E/sl

CHERYL E. CHAMBERS, J.P.

THOMAS A. DICKERSON

L. PRISCILLA HALL

JOSEPH J. MALTESE, JJ.

2015-08548 Verizon New York, Inc., etc., plaintiff, v Supervisor of Town of North Hempstead, et al., defendants third-party plaintiffs-respondents; County of Nassau, et al., third-party defendants- appellants. (Index No. 8117/09)

DECISION & ORDER ON MOTION

Motion by the third-party defendants-appellants for leave to serve and file a supplemental record on an appeal from a judgment of the Supreme Court, Nassau County, dated May 27, 2015, and to enlarge their time to serve and file a reply brief. By decision and order on motion of this Court dated July 22, 2016, the matter was remitted to the Supreme Court, Nassau County, to report on whether that court considered certain documents in connection with the judgment dated May 27, 2015, and the motion was held in abeyance in the interim. The Supreme Court, Nassau County, has filed its report dated September 28, 2016.

Upon the papers filed in support of the motion and the papers filed in opposition thereto, and upon the report of the Supreme Court, Nassau County, dated September 28, 2016, it is

ORDERED that the motion is granted; and it is further,

ORDERED that on or before November 9, 2016, the third-party defendants-appellants shall serve and file a supplemental record containing the following documents:

(1) notice of settlement of proposed judgment by Verizon New York, Inc., dated September 18, 2014;

(2) notice of settlement of proposed judgment by Town of North Hempstead dated October 2, 2014;

(3) memorandum of law of County of Nassau dated October 16, 2014;

(4) affirmation of Savino dated October 16, 2014, with attachments;

(5) memorandum of law of Verizon New York, Inc., dated November 13, 2014;

(6) affidavit of Lyon dated November 11, 2014;

(7) affidavit of Weinert dated November 12, 2014;

(8) affidavit of Connor dated November 12, 2014;

(9) affidavit of Gaughan dated November 13, 2014;

(10) affidavit of McLaughlin dated November 13, 2014;

(11) memorandum of law of Town of North Hempstead dated November 13, 2014; and

(12) affirmation of Liccione dated November 13, 2014; and it is further,

ORDERED that the third-party defendants-appellants' time to serve and file a reply brief is enlarged until November 9, 2016, and the reply brief must be served and filed on or before that date.

CHAMBERS, J.P., DICKERSON, HALL and MALTESE, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court