Appellate Division: Second Judicial Department

M235816

E/afa

REINALDO E. RIVERA, J.P.

MARK C. DILLON

COLLEEN D. DUFFY

ANGELA G. IANNACCI, JJ.

2016-10496 Judy Canterino, as administratrix of the estate of Michael Canterino, respondent-appellant, v Kalapatapu Kumar, etc., et al., appellants- respondents, et al., defendants. (Index No. 70086/13)

DECISION & ORDER ON MOTION

Motion by the appellants-respondents on an appeal and cross appeal from an order of the Supreme Court, Westchester County, dated September 9, 2016, to enlarge the time to perfect the appeal. Cross motion by the respondent-appellant to dismiss the appeal for failure to timely perfect and to enlarge the time to perfect the cross appeal. Application by the respondent-appellant pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect the cross appeal.

Upon the papers filed in support of the motion and the cross 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 motion, the branch of the cross motion which is to enlarge the time to perfect the cross appeal, and the application are granted; and it is further,

ORDERED that the appellants-respondents' time to perfect the appeal is enlarged until September 11, 2017, and the joint record or appendix on the appeal and cross appeal (see 22 NYCRR 670.8[c][1]) and the appellants-respondents' brief shall be served and filed on or before that date; and it is further,

ORDERED that the respondent-appellant shall serve and file the 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]); and it is further,

ORDERED that the cross motion is otherwise denied.

RIVERA, J.P., DILLON, DUFFY and IANNACCI, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court