Appellate Division: Second Judicial Department

M34564

A/sl

ANITA R. FLORIO, J.P.

DAVID S. RITTER

GABRIEL M. KRAUSMAN

JOSEPH COVELLO, JJ.

2005-06455 Kisnet Brooks, plaintiff-respondent, v Maintenance Service Resources, Inc., defendant third-party plaintiff-respondent- appellant; Allied Exterminating, third-party defendant appellant-respondent. (Index Nos. 49128/97, 81564/99)

DECISION & ORDER ON MOTION

Motion by the appellant-respondent to enlarge the time to perfect an appeal from a judgment of the Supreme Court, Kings County, dated June 28, 2005, and cross motion by the respondent-appellant for the same relief.

Upon the papers filed in support of the motion and the cross motion and the papers filed in opposition or relation thereto, it is

ORDERED that the motion and cross motion are granted; and it is further,

ORDERED that the time of the appellant-respondent to perfect the appeal is enlarged until March 3, 2006, and the joint record or appendix on appeal (see 22 NYCRR 670.8[c][1]) and the brief of the appellant-respondent must be served and filed on or before that date; and it is further,

ORDERED that the respondent-appellant shall serve and file its answering brief, including its points of argument on the cross appeal, on or before April 3, 2006 (see 22 NYCRR 670.8[c][3]).

FLORIO, J.P., RITTER, KRAUSMAN and COVELLO, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court