Appellate Division: Second Judicial Department

M39138

S/sl

2005-08590 Chris Lavore, respondent, v Kir Munsey Park 0202, LLC, respondent-appellant, Whole Foods Market Group, Inc., appellant- respondent. (Index No. 2351/03)

ORDER ON APPLICATION

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, Nassau County, dated August 1, 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 June 15, 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, on or before July 20, 2006 (see 22 NYCRR 670.8[c][3]); and it is further,

ORDERED that the respondent shall serve and file his brief on or before August 24, 2006; the appellant-respondent shall serve and file its reply brief on or before September 28, 2006; and the respondent-appellant shall serve and file its reply brief on or before October 13, 2006

ENTER:

James Edward Pelzer

Clerk of the Court