Appellate Division: Second Judicial Department

M37990

O/sl

DAVID S. RITTER, J.P.

DANIEL F. LUCIANO

STEVEN W. FISHER

ROBERT A. LIFSON, JJ.

2005-06675 83-17 Broadway Corp., appellant-respondent, v Debcon Financial Services, Inc., et al., defendants, Brett Morgan, LLC, respondent-appellant. (Index No. 2876/05)

DECISION & ORDER ON MOTION

Motion by the respondent-appellant to enlarge the time to perfect a cross appeal from an order of the Supreme Court, Nassau County, dated May 5, 2005, and to dismiss the appeal for failure to timely perfect, and cross application by the appellant-respondent to enlarge the time to perfect the appeal.

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

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

ORDERED that the appellant-respondent's time to perfect the appeal is enlarged until June 5, 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 branch of the motion which is to enlarge the time to perfect the cross appeal is granted; 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 July 5, 2006 (see 22 NYCRR 670.8[c][3]); and it is further,

ORDERED that no further enlargements of time shall be granted; and it is further,

ORDERED that the motion is otherwise denied.

RITTER, J.P., LUCIANO, FISHER and LIFSON, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court