Appellate Division: Second Judicial Department

M284577

AFA/

VALERIE BRATHWAITE NELSON, J.P.

PAUL WOOTEN

JOSEPH A. ZAYAS

LARA J. GENOVESI, JJ.

2021-06892 Pedro Garcia, plaintiff-respondent, v CVS Pharmacy, Inc., defendant-respondent, Bauer Associates, LLC, defendant third-party plaintiff-appellant; Long Island Landscapes the Original, Inc., third-party defendant-respondent. (Index No. 709763/2016)

DECISION & ORDER ON MOTION

Appeal from an order of the Supreme Court, Queens County, dated August 26, 2021. Motion by the appellant to stay the trial in the above-entitled action, pending hearing and determination of the appeal. Motion by the third-party defendant-respondent to extend the time to serve and file a brief.

Upon the papers filed in support of the motion by the appellant and the papers filed in opposition thereto, and upon the papers filed in support of the motion by the third-party defendant-respondent and no papers having been filed in opposition or in relation thereto, it is

ORDERED that the motion to stay the trial is denied; and it is further,

ORDERED that the motion for leave to extend the time to serve and file a brief is granted, and on or before September 21, 2022, the third-party defendant-respondent shall serve and file its brief via NYSCEF, if applicable, or, if NYSCEF is not mandated, serve the brief and upload a digital copy of the brief, with proof of service thereof, through the digital portal on this Court's website.

BRATHWAITE NELSON, J.P., WOOTEN, ZAYAS and GENOVESI, JJ., concur.

ENTER:

Maria T. Fasulo

Clerk of the Court