Appellate Division: Second Judicial Department

M226940

E/sl

JEFFREY A. COHEN, J.P.

JOSEPH J. MALTESE

HECTOR D. LASALLE

BETSY BARROS, JJ.

2016-06194, 2016-07397 Anna Aybar, et al., plaintiffs-respondents, v Jose A. Aybar, Jr., et al., defendants, Ford Motor Company, appellant; U.S. Tires & Rubber Co., nonparty-respondent. Anna Aybar, et al., plaintiffs-respondents, v Jose A. Aybar, Jr., et al., defendants, Goodyear Tire & Rubber Co., appellant; U.S. Tires & Rubber Co., nonparty-respondent. (Index No. 706909/15) (Action No. 1)

DECISION & ORDER ON MOTION

2016-07396

v Jose A. Aybar, Jr., plaintiff-respondent,

Goodyear Tire & Rubber Co., appellant,

et al., defendant; U.S. Tires & Rubber Co.,

nonparty-respondent.

(Index No. 706908/15)

(Action No. 2)

Motion by the plaintiffs-respondents in Action No. 1 on appeals from two orders of the Supreme Court, Queens County, both dated May 25, 2016, under Appellate Division Docket Nos. 2016-06194, and 2016-07397 and the plaintiff-respondent in Action No. 2 on an appeal from an order of the same court also dated May 25, 2016, under Appellate Division Docket No. 2016-07396, for leave to file a single respondents' brief in connection with the appeals and to enlarge their time to serve and file a brief. Application pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to serve and file the appellants' respective reply briefs in connection with the appeals under Appellate Division Docket Nos. 2016-06194 and 2016-07397.

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 for leave to file a single respondents' brief in connection with the appeals is denied; and it is further,

ORDERED that the branch of the motion which is to enlarge the time to serve and file a respondents' brief is granted, the plaintiffs-respondents' time to serve and file a brief on the appeals under Appellate Division Docket Nos. 2016-06194, 2016-07397 is enlarged until April 24, 2017, and plaintiff-respondent's time to serve and file a brief on the appeal under Appellate Division Docket No. 2016-07396 is enlarged until April 24, 2017; and it is further,

ORDERED that the application is denied as premature.

COHEN, J.P., MALTESE, LASALLE and BARROS, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court