Appellate Division: Second Judicial Department

M233656

E/sl

RANDALL T. ENG, P.J.

JOHN M. LEVENTHAL

L. PRISCILLA HALL

SANDRA L. SGROI, JJ.

2016-03336 Frederick M. Cioffi, et al., respondents-appellants, v S.M. Foods, Inc., et al., defendants third-party plaintiffs-respondents, Atlanta Foods International, et al., defendants-respondents, Russell McCall's, Inc. defendant-appellant; Village of Tuckahoe, et al., third-party defendants-appellants-respondents. (Index No. 55391/11)

DECISION & ORDER ON MOTION ,

2016-05298

Frederick M. Cioffi, et al., appellants,

v S.M. Foods, Inc., et al., defendants third-party

plaintiffs-respondents, Atlanta Foods International,

et al., defendants-respondents; Village of Tuckahoe,

et al., third-party defendants-respondents.

(Index No. 55391/11)

Motion by Frederick M. Cioffi and Elisabetta Cioffi to enlarge the time to serve and file an answering brief on appeals and a cross appeal from an order of the Supreme Court, Westchester County, dated April 4, 2016, and to enlarge the time to perfect an appeal from an order of the same court dated April 11, 2016. Cross motion by Village of Tuckahoe and Vincent Pinto, to preclude Frederick M. Cioffi and Elisabetta Cioffi from filing an answering brief in connection with the appeals and cross appeal from the order dated April 4, 2016.

Upon the papers filed in support of the motion and the cross motion, and the papers filed in opposition thereto, it is

ORDERED that the branch of the motion which is to enlarge the time of Frederick M. Cioffi and Elisabetta Cioffi to serve and file an answering brief in connection with the appeals and cross appeal from the order dated April 4, 2016, is granted, the movants' time to serve and file an answering brief including the points of argument on the cross appeal (see 22 NYCRR 670.8[c][3]), is enlarged until August 28, 2017, and the movants' answering brief shall be served and filed on or before that date; and it is further,

ORDERED that the branch of the motion which is to enlarge the time of Frederick M. Cioffi and Elisabetta Cioffi to perfect the appeal from the order dated April 11, 2016, is enlarged until August 28, 2017, and the record or appendix on that appeal and the movants' brief shall be served and filed on or before that date; and it is further,

ORDERED that no further enlargements of time shall be granted; and it is further,

ORDERED that the cross motion is denied.

ENG, P.J., LEVENTHAL, HALL and SGROI, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court