Mary Doyle v Temco Service Industries Inc. City of New York New York City Department of

Motion No: M-6063

Slip Opinion No: 2018 NYSlipOp 91714(U)

Decided on December 27, 2018

Appellate Division, First 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.

December 27, 2018

Mary Doyle,

Plaintiff-Respondent,

v

Temco Service Industries, Inc., City of

New York, New York City Department of

Education and New York City Board of

Education,

Defendants-Appellants.

An appeal having been taken to this Court from the order of the Supreme Court, Bronx County, entered on or about December 21, 2017, And defendants-appellants having moved for an order (1) enlarging the record on appeal to include the order of the same court entered on or about July 30, 2018, which denied their motion to renew, and the papers submitted in connection therewith or, in the alternative, taking judicial notice of the order and motion papers; and (2) enlarging the time to perfect their appeal to the April 2019 Term, Now, upon reading and filing the papers with respect to the motion, and the correspondence, dated December 11, 2018, from the counsel for defendants-appellants, and due deliberation having been had thereon, It is ordered that the motion is granted to the extent of directing defendants-appellants to file a supplemental record, including the July 30, 2018 order denying defendants' motion to renew and the underlying motion papers, within ten days of the date of entry of this order (CPLR 5517[b]), and It is further ordered, sua sponte, that the new perfected appeal is adjourned to the April 2019 Term, and plaintiff-respondent is directed to file a respondent's brief on or before February 27, 2019 for that Term. The branch of the motion seeking an enlargement of time to perfect the appeal is deemed withdrawn, as academic, pursuant to the correspondence from defendant's counsel dated December 11, 2018. ENTERED: December 27, 2018

_____________________ CLERK

Present - Hon. David Friedman, Justice Presiding, Barbara R. Kapnick Ellen Gesmer Jeffrey K. Oing Peter H. Moulton, Justices

M-6063

Index No. 20242/13