Appellate Division: Second Judicial Department

M56639

S/sl

HOWARD MILLER, J.P.

FRED T. SANTUCCI

STEVEN W. FISHER

DANIEL D. ANGIOLILLO, JJ.

2007-00592 James D. Sullivan, etc., respondent-appellant, v Our Lady of Consolation Geriatric Care Center, appellant-respondent. (Index No. 15938-04)

DECISION & ORDER ON APPLICATION

Application by the appellant-respondent pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect an appeal and cross appeal from an order of the Supreme Court, Suffolk County, dated December 15, 2006.

Upon the papers filed in support of the application and upon the stipulation of the parties, it is

ORDERED that on the court's own motion the notice of appeal and notice of cross appeal are treated as applications for leave to appeal to this court from the order dated December 15, 2006, and leave to appeal is granted (see CPLR 5701[c]); and it is further,

ORDERED that the application is granted the appellant-respondent's time to perfect the appeal is enlarged until August 24, 2007, and the joint record on appeal (see 22 NYCRR 670.8[c][1]) and the appellant-respondent's brief must be served and filed on or before that date; and it is further,

ORDERED that the respondent-appellant shall serve and file his answering brief, including his points of argument on the cross appeal, in accordance with the rules of this court (see 22 NYCRR 670.8[c][3]).

MILLER, J.P., SANTUCCI, FISHER and ANGIOLILLO, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court