Opinion
2012-05300 Index No. 11184/07 M153181
03-19-2013
Beneficial Homeowner Service Corporation, plaintiff-respondent, v. Nola Williams, etc., et al., defendants third-party plaintiffs-appellants, et al., defendants; First Central National Life Insurance Company of New York, et al., third-party defendants-respondents.
, J.P.
THOMAS A. DICKERSON
JOHN M. LEVENTHAL
L. PRISCILLA HALL, JJ.
DECISION & ORDER ON MOTION
Motion by the third-party defendants-respondents to dismiss an appeal from an order of the Supreme Court, Orange County, dated April 5, 2012, on the ground that the appellants waived their right to appeal by accepting the benefit of the order dated April 5, 2012, without restriction. Application by the third-party defendants-respondents pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to serve and file a brief.
Upon the papers filed in support of the motion and the papers filed in opposition 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 held in abeyance and referred to the panel of Justices hearing the appeal for determination upon the argument or submission thereof; and it is further,
ORDERED that the application is granted and the third-party defendants-respondents' time to serve and file a brief is enlarged until April 18, 2013, and the third-party defendants-respondents' brief must be served and filed on or before that date.
RIVERA, J.P., DICKERSON, LEVENTHAL and HALL, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court