| Global Granite Sales Corporation v Sabovic |
| Motion No: 2016-00365 |
| Slip Opinion No: 2017 NY Slip Op 87613(U) |
| Decided on October 2, 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. |
Appellate Division: Second Judicial Department
M227878
E/sl/ct
CHERYL E. CHAMBERS, J.P.
ROBERT J. MILLER
SYLVIA O. HINDS-RADIX
HECTOR D. LASALLE, JJ.
|
2016-00365 Global Granite Sales Corporation, plaintiff- appellant, v Hasim Sabovic, defendant third-party plaintiff-respondent; Mondo Pallon, etc., et al., third-party defendants- appellants. (Index No. 5813/04)
| DECISION & ORDER ON MOTION |
Motion by the third-party defendants-appellants on an appeal from a judgment of the Supreme Court, Dutchess County, dated December 1, 2015, to supplement the record on appeal to include the notice of appeal from the judgment, to correct the record, and to deem the papers filed in connection with this appeal to be filed in connection with the appeal from the judgment. Application by the third-party defendants-appellants pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to serve and file a reply brief.
Upon the papers filed in support of the motion and the papers filed in relation 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 is granted to the extent that on or before October 23, 2017, the third-party defendants-appellants shall (1) replace the CPLR 5531 statements in the copies of the record and third-party defendants-appellants' brief filed with the Clerk of the Court with CPLR 5531 statements that reflect that the appeal is from the judgment, (2) serve and file a supplemental record containing the judgment dated December 1, 2015, and the notice of appeal from that judgment, and (3) remove the notice of appeal on pages 2 and 3 from the copies of the record filed with the Clerk of the Court, and the motion is otherwise denied as unnecessary; and it is further,
ORDERED that the application is granted, the third-party defendants-appellants' time to serve and file a reply brief is enlarged until November 7, 2017, and the reply brief shall be served and filed on or before that date.
CHAMBERS, J.P., MILLER, HINDS-RADIX and LASALLE, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court