Appellate Division: Second Judicial Department

M227912

E/sl

RANDALL T. ENG, P.J.

SANDRA L. SGROI

SYLVIA O. HINDS-RADIX

FRANCESCA E. CONNOLLY, JJ.

2017-01294 D Joseph Garay, plaintiff, v City of White Plains, et al., defendants third-party plaintiffs- appellants-respondents, et al., defendants; American Test Center, Inc., third-party defendant-respondent-appellant. (Index No. 55551/11)

ECISION & ORDER ON APPLICATION

Application by the third-party defendant-respondent-appellant pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to serve and file a brief on an appeal and cross appeal from an order of the Supreme Court, Westchester County, dated January 12, 2016. Separate application by the plaintiff 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 applications and no papers having been filed in opposition or in relation thereto, it is

ORDERED that the application by the third-party defendant-respondent-appellant is granted, the third-party defendant-respondent-appellant's time to serve and file a brief is enlarged until April 12, 2017, and the third-party defendant-respondent-appellant's brief, including the points of argument on the cross appeal (see 22 NYCRR 670.8[c][3]), shall be served and filed on or before that date; and it is further,

ORDERED that the application by the plaintiff is dismissed as the plaintiff is not a respondent on the appeal or the cross appeal and does not have standing to make this application.

ENG, P.J., SGROI, HINDS-RADIX and CONNOLLY, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court