Cassese v SVJ Joralemon, LLC
Motion No: 2016-05897
Slip Opinion No: 2017 NY Slip Op 62485(U)
Decided on February 1, 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

M225518

E/ct

REINALDO E. RIVERA, J.P.

MARK C. DILLON

CHERYL E. CHAMBERS

SYLVIA O. HINDS-RADIX, JJ.

2016-05897

Anthony Cassese, et al., plaintiffs-respondents,

v SVJ Joralemon, LLC, defendants third-party

plaintiffs-respondents; Tri-State Elevator Co., Inc.,

third-party defendant-appellant.

(Index No. 10806/14)

DECISION & ORDER ON MOTION

Motion by the defendants third-party plaintiffs-respondents to enlarge the record on an appeal from an order of the Supreme Court, Kings County, dated April 18, 2016, to include the amended third-party complaint and answer to the amended third-party complaint, and to enlarge the time to serve and file a brief. Application by the plaintiffs-respondents pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to serve and file a brief.

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 branch of the motion which is to enlarge the record is denied; and it is further,

ORDERED that the branch of the motion which is to enlarge the defendants third-party plaintiffs-respondents's time to serve and file a brief and the application to enlarge the plaintiffs-respondents' time to serve and file a brief are granted, the respondents' time to serve and file their respective briefs is enlarged until March 3, 2017, and the respondents' briefs must be served and filed on or before that date.

RIVERA, J.P., DILLON, CHAMBERS and HINDS-RADIX, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court