Dechnik v Fortunato Sons, Inc.
Motion No: 2008-00895
Slip Opinion No: 2008 NYSlipOp 75676(U)
Decided on June 24, 2008
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

M72234

S/sl

2008-00895

Sylvester Dechnik, plaintiff-respondent,

v Fortunato Sons, Inc., defendant third-party

plaintiff appellant-respondent, Kirco Industries,

defendant respondent-appellant; JD Martin

Renovation, Inc., third-party defendant-respondent.

(Index No. 27286/04)

ORDER ON APPLICATION

Application by the respondent-appellant pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to serve and file a brief on an appeal and cross appeal from an order of the Supreme Court, Kings County, dated December 7, 2007, and to withdraw the cross appeal.

ORDERED that the application is granted and the cross appeal is marked withdrawn; and it is further,

ORDERED that the movant's time to serve and file a brief is enlarged until July 21, 2008, and the movant's brief must be served and filed on or before that date.

ENTER:

James Edward Pelzer

Clerk of the Court