Appellate Division: Second Judicial Department

M38945

S/nal

2005-10739 Tony Abraham, appellant-respondent, v Hermitage Insurance Company, respondent- appellant, et al., defendants, Eagle Insurance Company, respondent. (Index No. 23756/03)

ORDER ON APPLICATION

ORDERED that the order on application of this court dated April 13, 2006, in the above-entitled case is recalled and vacated, and the following order on application is substituted therefor:

Application by the appellant-respondent pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect an appeal from an order of the Supreme Court, Queens County, dated October 17, 2005, and cross application by the respondent-appellant for the same relief.

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

ORDERED that the appellant-respondent's time to perfect the appeal is enlarged until July 5, 2006, and the joint record or appendix 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]).

ENTER:

James Edward Pelzer

Clerk of the Court