Wheaton v East End Commons Associates, LLC, a/k/a Feil
Motion No: 2006-10773
Slip Opinion No: 2007 NYSlipOp 68709(U)
Decided on May 2, 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

M54127

S/sl

2006-10773

Sherrylee S. Wheaton, et al., respondents-appellants,

v East End Commons Associates, LLC, a/k/a Feil

Organization, et al., appellants-respondents.

(Index No. 3576-04)

ORDER ON APPLICATION

Application by the respondents-appellants pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect appeals and a cross appeal from an order of the Supreme Court, Suffolk County, dated September 5, 2006.

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

ORDERED that the appellants-respondents' time to perfect the appeals is enlarged until June 1, 2007, and the joint record or appendix on appeal (see 22 NYCRR 670.8[c][1]) and the appellants-respondents' respective briefs 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 the cross appeal, on or before July 6, 2007 (see 22 NYCRR 670.8[c][3]); and it is further,

ORDERED that the appellants-respondents East End Commons Associates, LLC, a/k/a Feil Organization, Broadwall Management Corp., and BJ's Wholsesale Club, Inc., (hereinafter the East End defendants), shall serve and file a brief in reply to the respondents-appellants' brief and in response to the brief of Kings Park Contracting, Inc., regarding the East End defendants' cross claims, on or before August 10, 2007; and it is further,

ORDERED that Kings Park Contracting, Inc., shall serve and file a brief in reply to the brief of the respondents-appellants and to the responsive brief of the East End defendants regarding the East End defendants' cross claims on or before August 27, 2007; and it is further,

ORDERED that the respondents-appellants shall serve and file their reply brief on or before September 12, 2007.

ENTER:

James Edward Pelzer

Clerk of the Court