Appellate Division: Second Judicial Department

M36425

A/nal

GLORIA GOLDSTEIN, J.P.

REINALDO E. RIVERA

STEVEN W. FISHER

ROBERT J. LUNN, JJ.

2005-03851 Scott Dowd, et al., plaintiffs-respondents-appellants, v City of New York, defendant third-party plaintiff- respondent, Brooklyn Union Gas, defendant-appellant- respondent; PCM Construction, Inc., third-party defendant-respondent-appellant. (Index No. 15462/96)

DECISION & ORDER ON MOTION

Motion by the plaintiffs to enlarge the time to perfect an appeal from an order of the Supreme Court, Kings County, dated February 3, 2005, and cross motion by Brooklyn Union Gas to enlarge the time to serve and file its answering brief.

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

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

ORDERED that the plaintiffs' time to perfect their appeal is enlarged until March 31, 2006, and the joint record or appendix on appeal (see 22 NYCRR 670.8[c][1]) and the plaintiffs' brief must be served and filed on or before that date; and it is further,

ORDERED that Brooklyn Union Gas and PCM Construction, Inc., shall serve and file their answering briefs, including their points of argument on their cross appeals, on or before May 5, 2006 (see 22 NYCRR 670.8[c][3]); and the City of New York shall serve and file its respondent's brief on or before June 9, 2006; and it is further,

ORDERED that the plaintiffs shall serve and file their reply brief on or before July 14, 2006; Brooklyn Union Gas and PCM Construction, Inc., shall serve and file their reply briefs on or before August 18, 2006.

GOLDSTEIN, J.P., RIVERA, FISHER and LUNN, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court