Davies v Simon Property Group, Inc.
Motion No: 2015-12410
Slip Opinion No: 2017 NY Slip Op 61920(U)
Decided on January 25, 2017
Appellate Division, Second Department, Motion Decision
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
This motion is uncorrected and is not subject to publication in the Official Reports.


Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M225151

E/ct

MARK C. DILLON, J.P.

SHERI S. ROMAN

SYLVIA O. HINDS-RADIX

BETSY BARROS, JJ.

2015-12410

Gerald Davies, respondent-appellant,

v Simon Property Group, Inc., respondent,

E.W. Howell Co., LLC, defendant third-party

plaintiff-appellant-respondent, Ruttura & Sons

Construction Corp., defendant-appellant-respondent;

Allstate Interior Demolition Corporation,

third-party defendant-respondent

(and another third-party action).

(Index No. 601597/13)

DECISION & ORDER ON MOTION

Separate motions by the appellants-respondents to enlarge the time to perfect appeals and a cross appeal from an order of the Supreme Court, Nassau County, dated December 9, 2015.

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

ORDERED that the motions are granted; and it is further,

ORDERED that the appellants-respondents' time to perfect their appeals is enlarged until February 27, 2017, and the joint record or appendix on the appeals and cross appeal (see 22 NYCRR 670.8[c][1]) and the appellants-respondents' respective briefs 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]).

DILLON, J.P., ROMAN, HINDS-RADIX and BARROS, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court