Riglioni v Chambers Ford Tractor Sales, Inc.
Motion No: 2005-08243 +1
Slip Opinion No: 2006 NYSlipOp 69663(U)
Decided on June 2, 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

M40323

S/sl

2005-08243, 2006-01746

Thomas Riglioni, plaintiff-respondent,

v Chambers Ford Tractor Sales, Inc., defendant

third-party plaintiff respondent-appellant, et al.,

defendant; Congdon Associates Distributing Co.,

third-party defendant appellant-respondent.

(Index No. 99-3757)

ORDER ON APPLICATION

ORDERED that the order on application dated May 4, 2006, in the above-entitled case is recalled and vacated, and the following order on application is substituted therefor:

Application by the appellant-respondent on appeals from two orders of the Supreme Court, Orange County, dated June 23, 2004 (Appellate Division Docket No. 2006-01746), and May 25, 2005 (Appellate Division Docket No. 2005-08243), respectively, pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to comply with a decision and order on motion of this court dated March 24, 2006.

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

ORDERED that the appellant-respondent's time to comply with the decision and order on motion of this court dated March 24, 2006, by filing a supplemental record and a brief on the appeal pending under Appellate Division Docket No. 2006-01746, is enlarged, and the supplemental record and the brief which have been submitted to the Clerk of this court are accepted for filing; 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 pending under Appellate Division Docket No. 2006-01746, on or before June 9, 2006 (see 22 NYCRR 670.8[c][3]); and it is further,

ORDERED that the respondent shall serve and file his supplemental brief in connection with the appeal and cross appeal under Appellate Division Docket No. 2006-01746 on or before July 14, 2006; the appellant-respondent shall serve and file a supplemental reply brief in connection with the appeal under Appellate Division Docket No. 2006-01746 on or before August 21, 2006; and the respondent-appellant shall serve and file a reply brief on or before September 6, 2006.

ENTER:

James Edward Pelzer

Clerk of the Court