| Nickens v NYCTA |
| Motion No: 2017-13287 |
| Slip Opinion No: 2018 NY Slip Op 80212(U) |
| Decided on August 10, 2018 |
| Appellate Division, Second Department, Motion Decision |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| This motion is uncorrected and is not subject to publication in the Official Reports. |
Appellate Division: Second Judicial Department
M253866
E/sl
RUTH C. BALKIN, J.P.
JEFFREY A. COHEN
ANGELA G. IANNACCI
LINDA CHRISTOPHER, JJ.
|
2017-13287 Benjamin Nickens, etc., respondent-appellant, v NYCTA, et al., appellants-respondents. (Index No. 1716/14)
| DECISION & ORDER ON MOTION |
Motion by the appellants-respondents on an appeal and a cross appeal from an order of the Supreme Court, Kings County, dated October 13, 2017, to dismiss the cross appeal as untimely taken. Application by the appellants-respondents pursuant to 22 NYCRR 670.8(d)(2) to enlarge until October 8, 2018, the time to serve and file an answering brief.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the motion is denied; and it is further,
ORDERED that the application is granted to the extent that the appellants-respondents' time to serve and file an answering brief, including the points of argument on the cross appeal (see 22 NYCRR 670.8[c][3]), is enlarged until September 12, 2018, the answering brief shall be served and filed on or before that date, and the application is otherwise denied.
BALKIN, J.P., COHEN, IANNACCI and CHRISTOPHER, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court