Appellate Division: Second Judicial Department

M224132

E/ct

JOHN M. LEVENTHAL, J.P.

SANDRA L. SGROI

HECTOR D. LASALLE

BETSY BARROS, JJ.

2016-02710 Nicholas Moscatiello, appellant, v Wyde True Value Lumber & Supply Corp., et al., defendants-respondents, EZ Dock Mid-Atlantic, also known as Tri-State EZ Dock, Inc., defendant third-party plaintiff-respondent, et al., defendants; YMCA of Greater New York, third-party defendant-respondent. (Index No. 2365/13)

DECISION & ORDER ON MOTION

Motion by YMCA of Greater New York, inter alia, for leave to serve and file a respondent's brief on an appeal from an order of the Supreme Court, Orange County, dated January 15, 2016, and to direct the appellant to serve and file a supplemental appendix containing the papers filed by YMCA of Greater New York in the Supreme Court in connection with its motion for summary judgment. Motion by Wyde True Value Lumber & Supply Corp. to enlarge the time to serve and file the defendants-respondents' and the defendant third-party plaintiff-respondent's respective briefs, and for leave to serve and file a joint respondents' appendix.

Upon the papers filed in support of the motion by YMCA of Greater New York and no papers having been filed in opposition or in relation thereto, and upon the papers filed in support of the motion by Wyde True Value Lumber & Supply Corp. and the papers filed in opposition thereto, it is

ORDERED that the motion by YMCA of Greater New York is granted, on or before February 8, 2017, the appellant shall serve and file a supplemental appendix containing the papers filed by YMCA of Greater New York in support of its motion that was determined by the order dated January 15, 2016, as well as any papers filed in opposition to the motion and in reply, and serve YMCA of Greater New York with a copy of the appellant's appendix and the appellant's brief, and on or before March 10, 2017, YMCA of Greater New York shall serve and file a respondent's brief; and it is further,

ORDERED that the motion by Wyde True Value Lumber & Supply Corp. is granted to the extent that the defendants-respondents' and the defendant third-party plaintiff-respondent's time to serve and file their respective briefs is enlarged until March 10, 2017, the respondents' briefs, if any, must be served and filed on or before that date, the respondents may serve and file a joint respondents' appendix containing material which is properly part of the record but not contained in the appellant's appendix or supplemental appellant's appendix, if they be so advised, and the motion by Wyde True Value Lumber & Supply Corp. is otherwise denied.

LEVENTHAL, J.P., SGROI, LASALLE and BARROS, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court