| Fonck v City of New York |
| Motion No: 2017-13291 |
| Slip Opinion No: 2019 NY Slip Op 66657(U) |
| Decided on March 29, 2019 |
| 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
M261329
E/mm
MARK C. DILLON, J.P.
RUTH C. BALKIN
LEONARD B. AUSTIN
BETSY BARROS, JJ.
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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., to extend the time to serve and file a brief on an appeal from an order of the Supreme Court, Kings County, dated November 13, 2017. Cross motion by the appellants, inter alia, to preclude brief V.C. Vitanza Sons, LLC, and V.C. Vitanza Sons, Inc., from serving and filing a brief.
Upon the papers filed in support of the motion and the cross motion, and the papers filed in opposition thereto, it is
ORDERED that the motion is denied; and it is further,
ORDERED that the cross motion is denied as academic.
DILLON, J.P., BALKIN, AUSTIN and BARROS, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court