Raldiris v Enlarged City School District of Middletown
Motion No: 2016-08311
Slip Opinion No: 2017 NY Slip Op 72728(U)
Decided on May 4, 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

M230414

S/afa

RANDALL T. ENG, P.J.

WILLIAM F. MASTRO

REINALDO E. RIVERA

MARK C. DILLON

RUTH C. BALKIN, JJ.

2016-08311, 2016-09532

Hiram Anthony Raldiris, appellant-respondent,

v Enlarged City School District of Middletown,

et al., defendants third-party-plaintiffs

respondents-appellants, et al., defendant;

Parkitects, Inc., third-party defendant-respondent.

(Index No. 547/14)

DECISION & ORDER ON MOTION

ORDERED that the order on application of this Court dated April 27, 2017, issued under Appellate Division Docket No 2016-09532 is recalled and vacated and the following decision and order on motion is substituted therefor:

Application by the appellant-respondent and separate application by the respondents-appellants pursuant to 22 NYCRR 670.8(d)(2) on an appeal and cross appeal from an order of the Supreme Court, Orange County, dated July 7, 2016, and an appeal from an amended order of the same court dated August 1, 2016, to enlarge the time to perfect the appeal from the amended order dated August 1, 2016.

Upon the papers filed in support of the application and the papers filed in relation thereto, it is

ORDERED that the appeal from the order dated July 7, 2016, is dismissed, without costs or disbursements, as the order dated July 7, 2016, was superseded by the amended order dated August 1, 2016; and it is further,

ORDERED that on the Court's own motion the notice of cross appeal from the order dated July 7, 2016, is deemed to be a notice of cross appeal from the amended order (see CPLR 5512); and it is further,

ORDERED that the applications are granted, the appellant-respondent's time to perfect the appeal from the amended order is enlarged until June 26, 2017, and the joint record or appendix on appeal (see 22 NYCRR 670.8[c][1]) and the appellant-respondent's brief must be served and filed on or before that date; and it is further,

ORDERED that the respondents-appellants shall serve and file their answering brief, including the points of argument on the cross appeal, in accordance with the rules of this Court (see 22 NYCRR 670.8[c][3]).

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

ENTER:

Aprilanne Agostino

Clerk of the Court