Appellate Division: Second Judicial Department

M222937

E/sl

REINALDO E. RIVERA, J.P.

SANDRA L. SGROI

COLLEEN D. DUFFY

VALERIE BRATHWAITE NELSON, JJ.

2016-03168 Glenny Nunez, respondent, v Pep Boys-Manny, Moe & Jack of Delaware, Inc., et al., appellants-respondents, Dentco...Outside Guys, respondent-appellant. (Index No. 50777/11)

DECISION & ORDER ON MOTION

Motion by 4 Star Landscaping and Maintenance, Inc., to enlarge the time to perfect its appeal from an order of the Supreme Court, Kings County, dated January 5, 2016. Application by Pep Boys-Manny, Moe & Jack of Delaware, Inc., to withdraw its appeal.

Upon the papers filed in support of the motion and the papers filed in opposition 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ORDERED that the application is granted, and the appeal by Pep Boys-Manny, Moe & Jack of Delaware, Inc., is deemed withdrawn, without costs or disbursements; and it is further

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

ORDERED that the time for 4 Star Landscaping and Maintenance, Inc., to perfect the appeal is enlarged until January 30, 2017, and the joint record or appendix on the appeal and cross appeal (see 22 NYCRR 670.8[c][1]) and the brief of 4 Star Landscaping and Maintenance, Inc., must be served and filed on or before that date; and it is further,

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

RIVERA, J.P., SGROI, DUFFY and BRATHWAITE NELSON, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court