Appellate Division: Second Judicial Department

M222078

E/sl

LEONARD B. AUSTIN, J.P.

JEFFREY A. COHEN

JOSEPH J. MALTESE

COLLEEN D. DUFFY, JJ.

2014-11031, 2015-04222, 2015-11160 Drena Mileski, etc., et al., respondents, v MSC Industrial Direct Co., Inc., defendant third-party plaintiff-respondent-appellant, et al., defendants; Buffalo Machinery Co., Ltd., third-party defendant-appellant-respondent, et al., third-party defendants. (Index No. 10391/09)

DECISION & ORDER ON MOTION

Motion by the defendant third-party plaintiff-respondent-appellant, in effect, for leave to serve and file a second supplemental record on appeals and cross appeals from two orders of the Supreme Court, Suffolk County, dated September 11, 2014, and March 3, 2015, respectively, and an appeal from an order and judgment (one paper) of the same court dated October 5, 2015, to include certain documents. Cross motion by the third-party defendant-appellant-respondent to dismiss the defendant third-party plaintiff-respondent-appellant's cross appeal from the order and judgment.

Upon the papers filed in support of the motion and the cross motion, and the papers filed in opposition thereto, it is

ORDERED that the motion is granted, and on or before December 29, 2016, the defendant third-party plaintiff-respondent-appellant may serve and file a second supplemental record containing the material set forth in paragraph 4 of the affirmation of John B. Martin dated October 13, 2016; and it is further,

ORDERED that the cross motion is denied.

AUSTIN, J.P., COHEN, MALTESE and DUFFY, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court