Appellate Division: Second Judicial DepartmentM272378

E/mb

ALAN D. SCHEINKMAN, P.J.

WILLIAM F. MASTRO

REINALDO E. RIVERA

MARK C. DILLON

RUTH C. BALKIN, JJ.

2019-06502 Kevin W. Gruber, et al., respondents-appellants, v Donaldsons, Inc., appellant-respondent, GEICO General Insurance Company, Inc., et al., respondents. (Index No. 613224/2018)

DECISION & ORDER ON MOTION

Appeal and cross appeal from an order of the Supreme Court, Nassau County, dated March 28, 2019. By orders on applications of this Court dated June 26, 2020, and July 10, 2020, as amended by decision and order on motion of this Court dated July 15, 2020, applications by the appellant-respondent pursuant to 22 NYCRR 1250.9(g)(1) to extend the time to serve and file a reply brief were granted and the time to serve and file a reply brief was extended until August 14, 2020. By order on application of this Court dated July 17, 2020, an application by the respondents pursuant to 22 NYCRR 1250.9(g)(1) to extend the time to serve and file a brief was granted and the time to serve and file the respondents' brief was extended until August 17, 2020.

On the Court's own motion, it is

ORDERED that so much of orders on applications of this Court dated June 26, 2020, and July 10, 2020, as granted the applications by the appellant-respondent pursuant to 22 NYCRR 1250.9(g)(1) to extend the time to serve and file a reply brief in the above-entitled matter, and the decision and order on motion of this Court dated July 15, 2020, are recalled and vacated, the applications are denied as premature, and the appellant-respondent may serve and file a reply brief, after the respondents serve and file their brief, in accordance with the rules of this Court (see 22 NYCRR 1250.9).

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

ENTER:

Aprilanne Agostino

Clerk of the Court