Appellate Division: Second Judicial Department

M54417

S/sl

2006-09916 Elliot Smith, et al., appellants-respondents, v Bay Harbour Associates, LP, defendant respondent-appellant, Luk-Shop, LLC, a Delaware Limited Liability Company, defendant-respondent, APW Supermarkets, Inc., d/b/a Waldbaums, et al., defendants third-party plaintiffs respondents- appellants; Leucadia National Corporation, third-party defendant-respondent. (Index No. 11194/03)

ORDER ON APPLICATION

Application by the appellants-respondents pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect an appeal from an order of the Supreme Court, Nassau County, dated September 8, 2006.

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

ORDERED that the appellants-respondents' time to perfect the appeal is enlarged until June 6, 2007, and the joint record or appendix on appeal (see 22 NYCRR 670.8[c][1]) and the appellants-respondents' 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 briefs, including their points of argument on the cross appeals, on or before July 11, 2007 (see 22 NYCRR 670.8[c][3]); and it is further,

ORDERED that the respondents shall serve and file their respective briefs on or before August 15, 2007; the appellants-respondents shall serve and file their reply brief on or before September 19, 2007; and the respondents-appellants shall serve and file their reply briefs, if any, on or before October 4, 2007.

ENTER:

James Edward Pelzer

Clerk of the Court