Appellate Division: Second Judicial Department

M257970

E/afa

ALAN D. SCHEINKMAN, P.J.

WILLIAM F. MASTRO

REINALDO E. RIVERA

MARK C. DILLON

RUTH C. BALKIN, JJ.

2018-05811 Sonia Merchan Zamora, respondent-appellant, v David Caccavo, LLC, appellant-respondent, E & Z Food Corp., respondent, et al., defendants (Index No. 701636/15)

DECISION & ORDER ON MOTION

On the Court's own motion, it is

ORDERED that so much of the orders on applications of this Court, entitled "[i]n the Matter of Applications for Extensions of Time" dated November 7, 2018, and November 19, 2018, respectively, concerning the above-entitled action are recalled and vacated, and the following order on application is substituted therefor:

Application by the respondent-appellant pursuant to 22 NYCRR 1250.9(b) for a three-month extension of time to serve and file an answering brief on an appeal and a cross appeal from an order of the Supreme Court, Queens County, dated April 23, 2018.

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

ORDERED that the application is granted to the extent that the respondent-appellant's time to serve and file her answering brief, including her points of argument on the cross appeal (see 22 NYCRR 670.8[c][3]), is extended until January 14, 2019, the answering brief shall be served and filed on or before that date, and the application is otherwise denied.

SCHEINKMAN, P.J., MASTRO, RIVERA, DILLON and BALKIN, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court