Appellate Division: Second Judicial Department

M258299

E/afa

ALAN D. SCHEINKMAN, P.J.

WILLIAM F. MASTRO

REINALDO E. RIVERA

MARK C. DILLON

RUTH C. BALKIN, JJ.

2018-13321 Theotokis B. Soter, respondent, v Dalton R. Jones, appellant-respondent, Estate of Joseph Evak, etc., respondent- appellant, et al., defendant. (Index No. 14173/13)

DECISION & ORDER ON MOTION

Application by Estate of Joseph Evak pursuant to 22 NYCRR 1250.9(g)(1) to extend the time to serve and file a brief on an appeal and a cross appeal from an order of the Supreme Court, Nassau County, entered October 4, 2018. Separate application by Theotokis B. Soter pursuant to 22 NYCRR 1250.9(g)(1) to extend the time to serve and file a brief.

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

ORDERED that on the Court's own motion, so much of an order on application of this Court, entitled "[i]n the Matter of Applications for Extensions of Time" dated December 11, 2018, as extended Theotokis B. Soter's time to serve and file a brief is recalled and vacated; and it is further,

ORDERED that on the Court's own motion, on or before December 28, 2018, Dalton R. Jones shall correct the covers of the record and his brief filed with the Clerk of the Court to reflect that the record is a joint record, that the brief was filed by the appellant-respondent, and that the parties are properly denominated in the caption, and file a digital copy of the record and brief which contains the corrected covers; and it is further,

ORDERED that on the Court's own motion, on or before January 14, 2019, Estate of Joseph Evak shall serve and file a supplemental joint record containing the notice of cross appeal and any papers constituting the record on the cross appeal that is not contained in the joint record filed by the appellant-respondent; and it is further,

ORDERED that Estate of Joseph Evak's application is granted, its time to serve and file a brief is extended until January 14, 2019, and the brief, including the points of argument on the cross appeal (see 22 NYCRR 1250.9[f][1][iv]), shall be served and filed on or before that date; and it is further,

ORDERED that Theotokis B. Soter's application is denied as premature.

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

ENTER:

Aprilanne Agostino

Clerk of the Court