De Virgilio v Four Times Square Center Partners, L.P.
Motion No: 2006-07759
Slip Opinion No: 2007 NYSlipOp 62320(U)
Decided on February 1, 2007
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

M50298

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, third-party defendant-

appellant-respondent.

(Index No. 24982/04)

DECISION & ORDER ON MOTION

Motion by the respondent-appellant on an appeal and cross appeal from an order of the Supreme Court, Kings County, dated July 14, 2006, 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 no papers having been filed in opposition or relation thereto, it is

ORDERED that the motion is granted, the time of the respondent-appellant to serve and file the answering brief is enlarged until February 16, 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.

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

ENTER:

James Edward Pelzer

Clerk of the Court