Appellate Division: Second Judicial Department

M252534

E/htr

ALAN D. SCHEINKMAN, P.J.

JEFFREY A. COHEN

BETSY BARROS

VALERIE BRATHWAITE NELSON, JJ.

2017-08359 Michael Russo, etc., et al., plaintiffs-appellants-respo v Time Moving and Storage, Inc., et al., respondents. John Kevin Gilgan, etc., nonparty-respondent-appella Michael W. Russo, et al., nonparty-appellants-respon (Index No. 10035/11)

DECISION & ORDER ON MOTION ndents, nt. dents.

Motion by the appellants-respondents on an appeal and a cross appeal from an order of the Supreme Court, Nassau County, dated June 27, 2017, to enlarge the time to perfect the appeal. Cross motion by the nonparty-respondent-appellant, inter alia, to dismiss the appeal for failure to timely perfect.

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

ORDERED that the branch of the cross motion which is to dismiss the appeal is denied; and it is further,

ORDERED that the motion is granted, the time to perfect the appeal is enlarged until August 15, 2018, and the joint record or appendix on appeal (see 22 NYCRR 670.8[c][1]) and the appellants-respondents' 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 nonparty-respondent-appellant shall serve and file his answering brief, including his points of argument on the cross appeal, in accordance with the rules of this Court (see 22 NYCRR 670.8[c][3]).

SCHEINKMAN, P.J., COHEN, BARROS and BRATHWAITE NELSON, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court