Vincente v Roy Kay, Inc.
Motion No: 2004-09369 +2
Slip Opinion No: 2006 NYSlipOp 61029(U)
Decided on January 24, 2006
Appellate Division, Second Department, Motion Decision
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
This motion is uncorrected and is not subject to publication in the Official Reports.


Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M35179

S/sl

2004-09369

Thomas Vincente, et al., respondents,

v Roy Kay, Inc., appellant

(and a third-party action).

(Appeal No. 1)

2005-00447

Thomas Vincente, et al., appellants-respondents,

v Roy Kay, Inc., defendant first and second

third-party plaintiff-respondent-appellant;

RJR Mechanical, Inc., third-party defendant-

respondent-appellant; Leewen Contracting Corp.,

second third-party defendant-respondent-appellant.

(Appeal No. 2)

2005-02577

Thomas Vincente, et al., plaintiffs-respondents,

v Roy Kay, Inc., defendant first and second

third-party plaintiff-respondent; RJR Mechanical,

Inc., third-party defendant-appellant; Leewen

Contracting Corp., second third-party defendant-

appellant.

(Appeal No. 3)

(Index No. 13377/00)

ORDER ON APPLICATION

Application by RJR Mechanical, Inc., and Leewen Contracting Corp. pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect appeals from two orders of the Supreme Court, Richmond County, dated January 4, 2002 (Appellate Division Docket No. 2004-09369), and February 1, 2005 (Appellate Division Docket No. 2005-02577), respectively, and an appeal and cross appeals from an order of the same court dated November 23, 2004 (Appellate Division Docket No. 2005-00447).

ORDERED that the application is granted and on or before February 22, 2006, RJR Mechanical, Inc. and Leewen Contracting Corp. shall perfect the appeal from the order dated February 1, 2005, by serving and filing a brief on that appeal, which shall also include their arguments on the cross appeal from the order dated November 23, 2004; and it is further,

ORDERED that on or before March 29, 2006, Roy Kay, Inc., shall perfect the appeal from the order dated January 4, 2002, by serving and filing a brief on that appeal, which shall also include its arguments on the cross appeal from the order dated November 23, 2004, and in response to the appeal from the order dated February 1, 2005; and it is further,

ORDERED that on or before May 3, 2006, the plaintiffs shall serve and file their reply brief on all appeals; and it is further,

ORDERED that on or before May 18, 2006, RJR Mechanical, Inc., Leewen Contracting Corp., and Roy Kay, Inc., shall serve and file their respective reply briefs on all appeals.

ENTER:

James Edward Pelzer

Clerk of the Court