Appellate Division: Second Judicial Department

M240222

P/afa

2017-05323 Roberto Morales, respondent-appellant, v City of New York, et al., defendants- respondents, et al., defendant, NASCO (The Aristotle Corporation, doing business as NASCO), appellant-respondent. (Index No. 26575/05)

ORDER ON APPLICATION

Application by the appellant-respondent pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect an appeal and cross appeal from an order of the Supreme Court, Kings County, dated March 15, 2017, and cross application by the respondent-appellant to enlarge the time to perfect the cross appeal.

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

ORDERED that the application is granted; and it is further,

ORDERED that the appellant-respondent's time to perfect the appeal is enlarged until January 8, 2018, and the joint record or appendix on the appeal and cross appeal (see 22 NYCRR 670.8[c][1]) and the appellant-respondent's 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 application is denied as premature.

ENTER:

Aprilanne Agostino

Clerk of the Court