Appellate Division: Second Judicial Department

M48478

E/sl

STEPHEN G. CRANE, J.P.

REINALDO E. RIVERA

ROBERT J. LUNN

JOSEPH COVELLO, JJ.

2006-07759 Christopher De Virgilio, plaintiff-respondent, v Four Times Square Center Partners, L.P., et al., defendants, Four Times Square Associates, LLC, defendant third-party plaintiff-respondent- appellant, Otis Elevator Company, defendant third-party defendant-appellant-respondent. (Index No. 24982/04)

DECISION & ORDER ON MOTION

Motion by Four Times Square Associates, LLC, and Royal Realty Corp. on an appeal and cross appeal from an order of the Supreme Court, Kings County, dated July 14, 2006, for leave to amend a "notice of appeal" dated August 25, 2006, to add Royal Realty Corp. as a party to the cross appeal, and to enlarge the time to serve and file an answering brief, including the points of argument on the cross appeal (see 22 NYCRR 670.8[c][3]).

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

ORDERED that the branch of the motion which is to amend the "notice of appeal" dated August 25, 2006, to add Royal Realty Corp. as a party to the cross appeal is denied; and it is further,

ORDERED that the branch of the motion which is to enlarge the time to serve and file an answering brief, including the points of argument on the cross appeal (see 22 NYCRR 670.8[c][3]) is granted, and the time of Four Times Square Associates, LLC, to serve and file the answering brief is enlarged until January 19, 2007, and the answering brief must be served and filed on or before that date; and it is further,

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

ORDERED that the plaintiff-respondent's time to serve and file a brief is enlarged until February 20, 2007, and the plaintiff-respondent's brief must be served and filed on or before that date.

CRANE, J.P., RIVERA, LUNN and COVELLO, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court