Appellate Division: Second Judicial Department

M63013

S/sl

A. GAIL PRUDENTI, P.J.

HOWARD MILLER

ROBERT W. SCHMIDT

STEPHEN G. CRANE

WILLIAM F. MASTRO, JJ.

2007-05125 MC Construction, Inc., respondent-appellant, v M.E.S., Inc., appellant-respondent, et al., defendant. (Index No. 3067/05)

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 a judgment of the Supreme Court, Kings County, entered April 24, 2007.

Upon the papers filed in support of the application and no papers having been filed in opposition thereto, it is

ORDERED that the notices of appeal and cross appeal from the order dated March 5, 2007, are deemed to be notices of appeal and cross appeal from the judgment entered April 24, 2007 (see CPLR 5512); and it is further,

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

ORDERED that the appellant-respondent's time to perfect the appeal is enlarged until January 22, 2008, and the joint record or appendix 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 its answering brief, including its points of argument on the cross appeal, in accordance with the rules of this court (see 22 NYCRR 670.8[c][3]).

PRUDENTI, P.J., MILLER, SCHMIDT, CRANE and MASTRO, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court