Aybar v Goodyear Tire & Rubber Co.
Motion No: 2016-07396
Slip Opinion No: 2017 NY Slip Op 68494(U)
Decided on March 27, 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

M228473

E/ct

RANDALL T. ENG, P.J.

WILLIAM F. MASTRO

REINALDO E. RIVERA

MARK C. DILLON

JOHN M. LEVENTHAL, JJ.

2016-07396

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

v Goodyear Tire & Rubber Co., appellant,

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

nonparty-respondent.

(Index No. 706908/15)

DECISION & ORDER ON MOTION

On the Court's own motion, it is

ORDERED that the order on application of this Court dated March 17, 2017, in the above-entitled case is recalled and vacated, and the following order on application is substituted therefor:

Application by the appellant pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to serve and file a reply brief on an appeal from an order of the Supreme Court, Queens County, dated May 25, 2016.

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 application is granted, the appellant's time to serve and file a reply brief is enlarged until May 24, 2017, and the reply brief shall be served and filed on or before that date.

ENG, P.J., MASTRO, RIVERA, DILLON and LEVENTHAL, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court