Appellate Division: Second Judicial Department

M220512

S/sl

RANDALL T. ENG, P.J.

REINALDO E. RIVERA

MARK C. DILLON

RUTH C. BALKIN

JOHN M. LEVENTHAL, JJ.

2016-04759 Peter Stolatis, plaintiff/counterclaim defendant- appellant-respondent, v Miguel Hernandez, defendant/counterclaim plaintiff-respondent- appellant; Plateau Associates, LLC, additional counterclaim defendant-respondent. (Index No. 63644/15)

DECISION & ORDER ON MOTION

On the Court's own motion, it is

ORDERED that the order on application of this Court dated October 25, 2016, in the above-entitled appeal is recalled and vacated and the following order on application is substituted therefor:

Application by the appellant-respondent pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect an appeal from an order of the Supreme Court, Westchester County, dated March 25, 2016. Separate application by the respondent-appellant for the same relief.

Upon the papers filed in support of the applications and no papers having been filed in opposition or in relation thereto, it is

ORDERED that the application is granted, the appellant-respondent's time to perfect the appeal is enlarged until November 23, 2016, and the record or appendix on the appeal and cross appeal (see 22 NYCRR 670.8[c][1])and the appellant's brief must be served and filed on or before that date; and it is further,

 ORDERED that the respondent-appellant shall serve and file his 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., RIVERA, DILLON, BALKIN and LEVENTHAL, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court