Appellate Division: Second Judicial Department

M252115

E/afa

LEONARD B. AUSTIN, J.P.

SHERI S. ROMAN

COLLEEN D. DUFFY

LINDA CHRISTOPHER, JJ.

2017-05321 Wayne R. Leitner, et al., respondents-appellants, v National Senior Insurance, Inc., etc., appellant-respondent, et al. respondent. (Index No. 600106/13)

DECISION & ORDER ON MOTION

Motion by the respondents-appellants on an appeal and cross appeal from an order of the Supreme Court, Nassau County, dated March 22, 2017, to dismiss the appeal for failure to timely perfect and to enlarge the time to perfect the cross appeal. Cross motion by the appellant-respondent to enlarge the time to perfect the 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 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 time to perfect the cross appeal and the cross motion to enlarge the time to perfect the appeal are granted, the appellant-respondent's time to perfect the appeal is enlarged until August 6, 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 no further enlargement of time shall be granted; and it is further,

ORDERED that the respondents-appellants 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]).

AUSTIN, J.P., ROMAN, DUFFY and CHRISTOPHER, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court