Appellate Division: Second Judicial Department

M295900

AFA/

FRANCESCA E. CONNOLLY, J.P.

VALERIE BRATHWAITE NELSON

LINDA CHRISTOPHER

JANICE A. TAYLOR, JJ.

2023-05954 County of Nassau, respondent-appellant, v Commercial Concrete Corp., et al., appellants-respondents (and a third-party action). (Index No. 608267/2016)

DECISION & ORDER ON MOTION

Appeals and cross-appeal from an order of the Supreme Court, Nassau County, dated April 11, 2023. Motion by Commercial Concrete Corp. to extend the time to perfect its appeal. Motion by Town of North Hempstead to extend the time to perfect its appeal. Motion by New York Ready Mix, Inc. to extend the time to perfect its appeal. Application by the County of Nassau to extend the time to perfect the cross-appeal.

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

ORDERED that the motions are granted, and on or before May 22, 2024, Commercial Concrete Corp., Town of North Hempstead, and New York Ready Mix, Inc., shall serve and file the joint record or appendix and their respective briefs via NYSCEF, if applicable, or, if NYSCEF is not mandated, serve the joint record or appendix and their respective briefs and upload digital copies of the joint record or appendix and their respective briefs, with proof of service thereof, through the digital portal on this Court's website; and it is further,

ORDERED that the application by the County of Nassau is granted to the extent that the County of Nassau shall serve and file an answering brief in accordance with the rules of the Appellate Division (see 22 NYCRR 1250.9[f][1][iv]), and the application by the County of Nassau is otherwise denied.

CONNOLLY, J.P., BRATHWAITE NELSON, CHRISTOPHER and TAYLOR, JJ., concur.

ENTER:

Darrell M. Joseph

Clerk of the Court