Appellate Division: Second Judicial Department

M220130

E/sl

RUTH C. BALKIN, J.P.

L. PRISCILLA HALL

SANDRA L. SGROI

BETSY BARROS, JJ.

2016-03336 Frederick M. Cioffi, et al., respondents-appellants, v S.M. Foods, Inc., et al., defendants third-party plaintiffs-respondents, Atlanta Foods International, et al., defendants-respondents, Russell McCall's, Inc. defendant-appellant; Village of Tuckahoe, et al., third-party defendants-appellants-respondents. (Index No. 55391/11)

DECISION & ORDER ON MOTION ,

Motion by the third-party defendants-appellants-respondents to stay all proceedings in the above-entitled action, including the trial, pending hearing and determination of appeals and a cross appeal from an order of the Supreme Court, Westchester County, dated April 4, 2016, for leave to serve and file a separate joint record containing only the papers pertaining to their appeal, and to enlarge the time to perfect their appeal. Cross motion by the respondents-appellants to stay all proceedings in the above-entitled action, including the trial, pending hearing and determination of the appeals, and to enlarge the time to perfect the appeals and cross appeal. Application by the defendant-appellant to enlarge the time to perfect the appeals.

Upon the papers filed in support of the motion and the cross motion, and the papers filed in opposition and in relation thereto, and 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 branch of the motion and the branch of the cross motion which are to stay all proceedings in the above-entitled action, including the trial, are granted to the extent that the trial in the above-entitled action is stayed pending hearing and determination of the appeals and cross appeal, and those branches of the motion and cross motion are otherwise denied; and it is further,

ORDERED that the branch of the motion which is for leave to file a separate joint record is denied; and it is further,

ORDERED that the branch of the motion which is to enlarge the time to perfect the appeal by the third-party defendants-appellants-respondents, the branch of the cross motion which is to enlarge the time to perfect the appeals, and the application are granted, the time to perfect the appeals is enlarged until December 20, 2016, and the joint record or appendix on the appeals and cross appeal (see 22 NYCRR 670.8[c][1]) and the briefs of the third-party defendants-appellants-respondents and the defendant-appellant must be served and filed on or before that date; and it is further,

ORDERED that the respondents-appellants shall serve and file their answering brief, including their points of argument on the cross appeal, in accordance with the rules of this Court (see 22 NYCRR 670.8[c][3]).

BALKIN, J.P., HALL, SGROI and BARROS, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court