Appellate Division: Second Judicial Department

M256745

E/sl

RUTH C. BALKIN, J.P.

LEONARD B. AUSTIN

FRANCESCA E. CONNOLLY

LINDA CHRISTOPHER, JJ.

2017-13291 Charles Fonck, et al., appellants, v City of New York, et al., defendants third-party plaintiffs-respondents; V.C. Vitanza Sons, LLC, et al., third-party defendants-respondents, et al., third-party defendant. (Index No. 25180/2011)

DECISION & ORDER ON MOTION

Motion by V.C. Vitanza Sons, LLC, and V.C. Vitanza Sons, Inc., in effect, for leave to serve and file a brief as respondents on an appeal from an order of the Supreme Court, Kings County, dated November 13, 2017, and to enlarge the time to serve and file a brief and respondents' appendix. Cross motion by the appellants to enlarge the time to serve and file a reply brief

Upon the papers filed in support of the motion by V.C. Vitanza Sons, LLC, and V.C. Vitanza Sons, Inc., and the papers filed in opposition, and upon the papers filed in support of the cross motion and no papers having been filed in opposition or in relation thereto, it is

ORDERED that the branch of the motion by V.C. Vitanza Sons, LLC, and V.C. Vitanza Sons, Inc., which is for leave to serve and file a brief as respondents is denied as unnecessary; and it is further,

ORDERED that the branch of the motion by V.C. Vitanza Sons, LLC, and V.C. Vitanza Sons, Inc., which is to enlarge the time to serve and file a brief and respondents' appendix is granted, the respondents' time to serve and file a brief and respondents' appendix is enlarged until November 26, 2018, and the brief and respondents' appendix shall be served and filed on or before that date; and it is further,

ORDERED that the cross motion is granted, the appellants' time to serve and file a reply brief is enlarged until December 11, 2018, and the reply brief shall be served and filed on or before that date.

BALKIN, J.P., AUSTIN, CONNOLLY and CHRISTOPHER, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court