Appellate Division: Second Judicial Department

M36168

S/sl

2005-08110 Matthew Wicelinski, etc., et al., respondents, v Vita-Mix Corporation, appellant-respondent, Specialty Equipment Manufacturing Corporation, d/b/a Taylor Company, respondent-appellant. (Index No. 3941/00)

ORDER ON APPLICATION

Application by the respondent-appellant pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect an appeal and cross appeal from an order of the Supreme Court, Queens County, dated July 22, 2005.

ORDERED that the application is granted; and it is further,

ORDERED that the appellant-respondent's time to perfect the appeal is enlarged until March 13, 2006, and the joint record on appeal (see 22 NYCRR 670.8[c][1]) and the appellant-respondent's brief 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, in accordance with the rules of this court (see 22 NYCRR 670.8[c][3]); and it is further,'

ORDERED that the respondents shall serve and file their brief within 30 days after service upon them of the respondent-appellant's brief.

ENTER:

James Edward Pelzer

Clerk of the Court