Garay v City of White Plains
Motion No: 2016-10507
Slip Opinion No: 2017 NY Slip Op 89186(U)
Decided on October 16, 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

M239326

E/ct

RANDALL T. ENG, P.J.

JEFFREY A. COHEN

JOSEPH J. MALTESE

ANGELA G. IANNACCI, JJ.

2016-10507

Joseph Garay, plaintiff-respondent, v City of

White Plains, et al., defendants third-party

plaintiffs-appellants-respondents, New England

Fire Equipment & Apparatus Corp., defendant-

respondent, et al., defendant; American Test

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

appellant.

(Index No. 55551/11)

DECISION & ORDER ON MOTION

Motion by the third-party defendant-respondent-appellant, in effect, to enlarge the time to serve and file its answering brief, including its points of argument on its cross appeal from a judgment of the Supreme Court, Westchester County, dated September 23, 2016.

Upon the papers filed in support of the motion and no papers having been filed in opposition or in relation thereto, it is

ORDERED that the motion is granted, the third-party defendant-respondent-appellant's time to serve and file its answering brief, including its points of argument on the cross appeal (see 22 NYCRR 670.8[c][3]), is enlarged until November 13, 2017, and the answering brief shall be served and filed on or before that date.

ENG, P.J., COHEN, MALTESE and IANNACCI, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court