Appellate Division: Second Judicial Department

M43811

S/sl

2005-12021, 2006-01427 Bedessee Imports, Inc., respondent, v Cook, Hall & Hyde, Inc., appellant-respondent, Kemper Insurance Companies, et al., respondents- appellants. (Index No. 24323/03)

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 a judgment of the Supreme Court, Kings County, entered December 27, 2005. Separate application by the respondents-appellants to enlarge their time to perfect their appeals from the judgment and an order of the same court dated November 18, 2005. Separate application by the appellant-respondent to withdraw its appeal from the order dated November 18, 2005.

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

ORDERED that the applications are granted; and it is further,

ORDERED that the appeal by the appellant-respondent from the order dated November 18, 2005, is marked withdrawn; and it is further,

ORDERED that the appellant-respondent's time to perfect its appeal is enlarged until October 10, 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 respondents-appellants shall serve and file their answering brief, including their points of argument on their 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