Appellate Division: Second Judicial Department

M60935

E/sl

HOWARD MILLER, J.P.

DAVID S. RITTER

JOSEPH COVELLO

WILLIAM E. McCARTHY, JJ.

2007-00208 Johnny's Plumbing & Heating, Inc., appellant, v Garson Brothers Construction, LLC, et al., respondents. (Index No. 05-2818)

DECISION & ORDER ON MOTION

Motion by the appellant to enlarge the time to perfect an appeal from a judgment of the Supreme Court, Westchester County, entered November 16, 2006, and to compel Pat McKay, a court reporter, to provide the transcripts of the trial of the above-entitled action.

Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is

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

ORDERED that the appellant's time to perfect the appeal is enlarged until December 11, 2007, and the record or appendix on appeal (see 22 NYCRR 670.8[c]) and the appellant's brief must be served and filed on or before that date; and it is further,

ORDERED that on or before November 13, 2007, Pat McKay shall serve upon the attorney for the appellant copies of the transcripts of the trial proceedings in the above-entitled action; and it is further,

ORDERED that on or before October 22, 2007, the attorney for the appellant is directed to serve court reporter Pat McKay with a copy of this decision and order on motion by one of the methods specified in CPLR 2103(c) and shall file proof of such service with the Clerk of this court; and it is further,

ORDERED that in the event that court reporter Pat McKay does not serve the above-noted transcripts on the attorney for the appellant within the time provided by this decision and order on motion, the appellant may serve and file a motion to hold Pat McKay in contempt of court, which motion shall be made in accordance with the procedures set forth in the Judiciary Law.

MILLER, J.P., RITTER, COVELLO and McCARTHY, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court