Appellate Division: Second Judicial Department

M261739

E/mm

WILLIAM F. MASTRO, J.P.

REINALDO E. RIVERA

RUTH C. BALKIN

JOSEPH J. MALTESE, 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

Motion by Estate of Joseph Evak to extend its time to comply with a decision and order on motion of this Court dated December 13, 2018, on an appeal and a cross appeal from an order of the Supreme Court, Nassau County, entered October 4, 2018. 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 motion and the papers filed in relation thereto, and 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 the motion is granted and on or before May 9, 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 are not contained in the joint record filed by the appellant-respondent; and it is further,

ORDERED that no further extension of time to comply with the decision and order on motion of this Court dated December 13, 2018, shall be granted; and it is further,

ORDERED that the application is granted, Theotokis B. Soter's time to serve and file a brief is extended until June 10, 2019, and Theotokis B. Soter's brief shall be served and filed on or before that date.

MASTRO, J.P., RIVERA, BALKIN and MALTESE, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court