Appellate Division: Second Judicial Department

M56434

S/sl

2006-10773 Sherrylee S. Wheaton, et al., plaintiffs-respondents- appellants, v East End Commons Associates, LLC, a/k/a Feil Organization, et al., defendant-respondent- appellant, Kings Park Contracting, Inc., defendant- appellant-respondent. (Index No. 3576-04)

SCHEDULING ORDER

Appeals and cross appeal from an order of the Supreme Court, Suffolk County, dated September 5, 2006. Pursuant to 22 NYCRR 670.4(a), it is

ORDERED that the respondent-appellant East End Commons Associates, LLC, a/k/a Feil Organization, shall serve and file its answering brief to the appeal of Kings Park Contracting, Inc., including its 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 respondents-appellants Sherry Lee Wheaton and Scott Wheaton shall serve and file their answering brief to the appeal of Kings Park Contracting, Inc., and the appeal of East End Commons Associates, LLC, a/k/a Feil Organization, including their points of argument on the cross appeal, on or before August 10, 2007 (see 22 NYCRR 670.8[c][3]); and it is further,

ORDERED that the appellant-respondent Kings Park Contracting, Inc., shall serve and file a reply brief on or before August 27, 2007; and it is further,

ORDERED that the respondent BJ's Wholesale Club, Inc., shall serve and file a brief in response to the brief of the respondents-appellants Sherry Lee Wheaton and Scott Wheaton, on or before August 27, 2007; and it is further,

ORDERED that the respondent appellant East End Commons Associates, LLC, a/k/a Feil Organization shall serve and file its reply brief on or before September 12, 2007; and it is further,

ORDERED that the respondents-appellants Sherry Lee Wheaton and Scott Wheaton shall serve and file their reply brief on or before September 27, 2007.

ENTER:

James Edward Pelzer

Clerk of the Court