Appellate Division: Second Judicial Department

M289384

KS/

BETSY BARROS, J.P.

CHERYL E. CHAMBERS

BARRY E. WARHIT

JANICE A. TAYLOR, JJ.

2022-04215 Manuel Ralha, et al., plaintiffs-respondents, v Nassau County, defendant third-party plaintiff-appellant, Town of Oyster Bay, et al., defendants-respondents; Tri-State Paving, LLC, et al., third-party defendants-respondents, et al., third-party defendants. (Index No. 5587/2015)

DECISION & ORDER ON MOTION

2023-00375

Manuel Ralha, et al., plaintiffs-respondents,

v Nassau County, defendant third-party

plaintiff-appellant, Town of Oyster Bay, et al.,

defendants-respondents; Tri-State Paving, LLC,

et al., third-party defendants-respondents.

(Index No. 5587/2015)

On the Court's own motion, it is

ORDERED that the decision and order on motion of this Court dated May 5, 2023, in the above-entitled case under Appellate Division Docket No. 2022-04215 is recalled and vacated, and the following decision and order on motion is substituted therefor:

Appeals from two orders of the Supreme Court, Nassau County, dated March 28, 2022, and December 6, 2022, respectively. Motion by the appellant, in effect, to extend the time to perfect the appeals.

Upon the papers filed in support of the motion and no papers having been filed in opposition or in relation thereto, it is

ORDERED that the motion is granted, and on or before June 20, 2023, the appellant shall serve and file the record or appendix and the appellant's brief via NYSCEF, if applicable, or, if NYSCEF is not mandated, serve the record or appendix and the appellant's brief and upload digital copies of the record or appendix and the appellant's brief, with proof of service thereof, through the digital portal on this Court's website.

BARROS, J.P., CHAMBERS, WARHIT and TAYLOR, JJ., concur.

ENTER:

Maria T. Fasulo

Clerk of the Court