Appellate Division: Second Judicial Department

M224489

E/ct

RUTH C. BALKIN, J.P.

L. PRISCILLA HALL

HECTOR D. LASALLE

BETSY BARROS, JJ.

2016-03336 Frederick M. Cioffi, et al., respondents-appellants, v S.M. Foods, Inc., et al., defendants third-party plaintiffs-respondents, Atlanta Foods International, et al., defendants-respondents, Russell McCall's, Inc. defendant-appellant; Village of Tuckahoe, et al., third-party defendants-appellants-respondents. (Index No. 55391/11)

DECISION & ORDER ON MOTION ,

2016-05298

Frederick M. Cioffi, et al., appellants,

v S.M. Foods, Inc., et al., defendants third-party

plaintiffs-respondents, Atlanta Foods International,

et al., defendants-respondents; Village of Tuckahoe,

et al., third-party defendants-respondents.

(Index No. 55391/11)

Motion by Frederick M. Cioffi and Elisabetta Cioffi, inter alia, to consolidate appeals and a cross appeal from an order of the Supreme Court, Westchester County, dated April 4, 2016, with an appeal from an order of the same court dated April 11, 2016, in effect, to direct the filing of a joint supplemental appendix in connection with the appeals and cross appeal from the order dated April 4, 2016, containing any exhibits annexed to their underlying motion for summary judgment and that were omitted from the joint appendix, in effect, to enlarge their time to serve and file an answering brief in connection with the order dated April 4, 2016, and to enlarge their time to perfect the appeal from the order dated April 11, 2016. Cross motion by Russell McCall's, Inc., and Doug Jay and separate cross motion by Village of Tuckahoe and Vincent Pinto, to dismiss the cross appeal from the order dated April 4, 2016, on the ground that Frederick M. Cioffi and Elisabetta Cioffi have failed to pay their share of the joint appendix filed in connection with the appeals and cross appeal from that order.

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

ORDERED that the branch of the motion which is, in effect, to direct the filing of a joint supplemental appendix in connection with the appeals and cross appeal from the order dated April 4, 2016, containing any exhibits annexed to the plaintiffs' motion for summary judgment and that were omitted from the joint appendix is granted, and on or before February 27, 2017, the appellants-respondents shall serve and file a supplemental appendix containing that material; and it is further,

ORDERED that the branch of the motion which is to enlarge the time of Frederick M. Cioffi and Elisabetta Cioffi to serve and file an answering brief in connection with the appeals and cross appeal from the order dated April 4, 2016, is granted, the time to serve and file the answering brief is enlarged until March 28, 2017, and the respondents-appellants shall serve and file their answering brief, including their points of argument on the cross appeal, on or before April 3, 2017 (see 22 NYCRR 670.8[c][3]); and it is further,

ORDERED that the branch of the motion which is to enlarge the time to perfect the appeal from the order dated April 11, 2016, is granted, the time to perfect that appeal is enlarged until April 3 2017, and the record or appendix and the brief of Frederick M. Cioffi and Elisabetta Cioffi must be served and filed on or before that date; and it is further,

ORDERED that the motion is otherwise denied; and it is further,

ORDERED that on the Court's own motion, the appeals and cross appeal from the order dated April 4, 2016, will be calendared together with the appeal from the order dated April 11, 2016, and the appeals and cross appeal will be argued or submitted on the same date; and it is further,

ORDERED that the cross motions are granted to the extent that Frederick M. Cioffi and Elisabetta Cioffi shall pay their share of the cost of the joint appendix and the supplemental joint appendix filed in connection with the appeals and cross appeal the order dated April 4, 2016, and shall file proof of payment when filing their answering brief, and the cross motions are otherwise denied.

BALKIN, J.P., HALL, LASALLE and BARROS, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court