Appellate Division: Second Judicial Department

M222755

E/sl

MARK C. DILLON, J.P.

ROBERT J. MILLER

SYLVIA O. HINDS-RADIX

FRANCESCA E. CONNOLLY, JJ.

2016-00973 Hector Vergel, appellant-respondent, v 78-19 Jamaica Avenue, LLC, et al., respondents-appellants (and a third-party action). (Index No. 13006/13)

DECISION & ORDER ON MOTION

Motion by the appellant-respondent on an appeal and cross appeal from an order of the Supreme Court, Queens County, dated November 17, 2015, to enlarge the time to perfect the appeal.

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

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

ORDERED that the appellant-respondent's time to perfect the appeal is enlarged until February 14, 2017, and the joint record or appendix on appeal (see 22 NYCRR 670.8[c][1]) and the appellant-respondent's brief must be served and filed on or before that date; and it is further,

ORDERED that the respondent-appellant 78-19 Jamaica Avenue, LLC, shall serve and file its answering brief, including its points of argument on its cross appeal, on or before March 16, 2017 (see 22 NYCRR 670.8[c][3]); and it is further,

ORDERED that the respondent-appellant Casella Construction Corporation shall serve and file its answering brief, including its points of argument on its cross appeal, on or before April 17, 2017 (see 22 NYCRR 670.8[c][3]); and it is further,

ORDERED that the appellant-respondent shall serve and file his reply brief on or before May 17, 2017; and it is further,

ORDERED that the respondents-appellants shall serve and file their respective reply briefs on or before June 1, 2017.

DILLON, J.P., MILLER, HINDS-RADIX and CONNOLLY, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court