Appellate Division: Second Judicial Department

M66920

E/sl

2007-08548 Thomas DePaola, plaintiff-respondent, v City of New York, et al., defendants- respondents, Lewis & Kennedy, Inc., defendant third-party plaintiff second third-party defendant-respondent-appellant, JP Morgan Chase & Co., a/k/a JP Morgan Chase Bank, defendant second third-party plaintiff-appellant- respondent; ARI Products, Inc., defendant third-party defendant-respondent; Rutherford & Assocates, Inc., second third-party defendant-respondent-appellant. (Index No. 3788/03)

ORDER ON APPLICATION

Application by Lewis & Kennedy, Inc., pursuant to 22 NYCRR 670.8(d)(2), in effect, to enlarge the time to perfect an appeal and cross appeals from an order of the Supreme Court, Kings County, dated June 8, 2007.

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

ORDERED that the appellant-respondent's time to perfect the appeal is enlarged until April 4, 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 respondents-appellants shall serve and file their answering briefs, including their points of argument on the cross appeals, in accordance with the rules of the court (see 22 NYCRR 670.8[c][3]).

ENTER:

James Edward Pelzer

Clerk of the Court