Appellate Division: Second Judicial Department

M67479

E/nl

PETER B. SKELOS, J.P.

DANIEL D. ANGIOLILLO

WILLIAM E. McCARTHY

JOHN M. LEVENTHAL, JJ.

2007-06116 Patrizia Vittorio, etc., respondent-appellant, v U-Haul Company, appellant-respondent, Republic Western Insurance Company, respondent. (Index No. 1404/04)

DECISION & ORDER ON MOTION

Motion by Republic Western Insurance Company on an appeal and cross appeal from an order of the Supreme Court, Dutchess County, dated June 1, 2007, to dismiss the cross appeal for failure to serve and file an answering brief, containing points of argument on the cross appeal (see 22 NYCRR 670.8[c][1]) in accordance with the rules of the court. Application by Patrizia Vittorio, in effect, to withdraw her cross appeal and to enlarge the time to serve and file a brief as a respondent on the appeal by, among others, U-Haul Company.

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

ORDERED that the application is granted, the cross appeal is deemed withdrawn, without costs or disbursements, Patrizia Vittorio's time to serve and file a brief is enlarged until April 11, 2008, and Patrizia Vittorio's brief must be served and filed on or before that date; and it is further,

ORDERED that no further enlargement of time shall be granted; and it is further,

ORDERED that the motion is denied as academic.

SKELOS, J.P., ANGIOLILLO, McCARTHY and LEVENTHAL, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court