Appellate Division: Second Judicial Department

M249337

E/afa

SHERI S. ROMAN, J.P.

JEFFREY A. COHEN

ROBERT J. MILLER

JOSEPH J. MALTESE, JJ.

2017-07756 Helen Carter, plaintiff-respondent, v Nouveau Industries, Inc., et al., defendants, Nouveau Elevator Industries, Inc., defendant third-party plaintiff-appellant; Velis Associates, Inc., third-party defendant-respondent. (Index No. 603789/13)

DECISION & ORDER ON MOTION

Motion by the plaintiff-respondent to dismiss an appeal from an order of the Supreme Court, Nassau County, entered June 8, 2017, as untimely taken or, in the alternative, to enlarge the time to serve and file a brief. Application by the defendant third-party plaintiff-appellant 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 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 branch of the motion which is to dismiss the appeal is denied; and it is further,

ORDERED that the branch of the motion which is to enlarge the plaintiff-respondent's time to serve and file a brief is granted, the plaintiff-respondent's time to serve and file a brief is enlarged until May 29, 2018, and the plaintiff-respondent's brief shall be served and filed on or before that date; and it is further,

ORDERED that the application is denied as premature.

ROMAN, J.P., COHEN, MILLER and MALTESE, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court