Appellate Division: Second Judicial Department

M251058

E/sl

JOHN M. LEVENTHAL, J.P.

JEFFREY A. COHEN

HECTOR D. LASALLE

LINDA CHRISTOPHER, JJ.

2017-07966 Frances Melia, respondent-appellant, v City of New York, defendant, Bishwanan Jagmohan, respondent; County-Wide Insurance Company, nonparty-appellant-respondent. (Index No. 708307/15)

DECISION & ORDER ON MOTION

Motion by the nonparty-appellant-respondent on an appeal and a cross appeal from an order of the Supreme Court, Queens County, entered July 7, 2017, to enlarge the time to perfect the appeal. Cross motion by the respondent-appellant to dismiss the appeal for failure to timely perfect or, in the alternative, for an expedited briefing schedule and a preference in the calendaring of the appeal and cross appeal.

Upon the papers filed in support of the motion and the cross motion, and the papers filed in opposition thereto, it is

ORDERED that the motion is granted, the nonparty-appellant-respondent's time to perfect the appeal is enlarged until July 9, 2018, and the joint record or appendix on the appeal and cross appeal (see 22 NYCRR 670.8[c][1]) and the nonparty-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 branch of the cross motion which is for a preference in the calendaring of the appeal and cross appeal is granted and the appeal will be calendared expeditiously after all of the briefs have been filed; and it is further,

ORDERED that the cross motion is otherwise denied.

LEVENTHAL, J.P., COHEN, LASALLE and CHRISTOPHER, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court