Hayes v Demicco Brothers, Inc.
Motion No: 2005-05954 +1
Slip Opinion No: 2006 NYSlipOp 65779(U)
Decided on March 31, 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

M37919

Y/sl

HOWARD MILLER, J.P.

DAVID S. RITTER

GLORIA GOLDSTEIN

ROBERT J. LUNN, JJ.

2005-05954, 2005-10980

Alvester Hayes, plaintiff-respondent, v Demicco

Brothers, Inc., et al., defendants-respondents,

Soundshore Construction, Inc., appellant.

(Index No. 23612/02)

DECISION & ORDER ON MOTION
Application to Withdraw Appeal

Motion by the plaintiff-respondent to enlarge the time to serve and file a brief on appeals from two orders of the Supreme Court, Queens County, dated May 3, 2005, and October 21, 2005, respectively.

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

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

ORDERED that the plaintiff-respondent's time to serve and file a brief is enlarged until May 1, 2006, and the plaintiff-respondent's brief must be served and filed on or before that date.

MILLER, J.P., RITTER, GOLDSTEIN and LUNN, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court