Smith v Bay Harbour Associates LP
Motion No: 2006-09916
Slip Opinion No: 2007 NYSlipOp 75180(U)
Decided on August 8, 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

M58257

E/mv

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 defendant-respondent pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to serve and file a brief on an appeal and cross appeals from an order of the Supreme Court, Nassau County, dated September 8, 2006.

ORDERED that the application is granted and the defendant-respondent's time to serve and file a brief is enlarged until September 13, 2007, and the defendant-respondent's brief must be served and filed on or before that date.

ENTER:

James Edward Pelzer

Clerk of the Court