Appellate Division: Second Judicial Department

M72952

E/sl

MARK C. DILLON, J.P.

DANIEL D. ANGIOLILLO

EDWARD D. CARNI

RANDALL T. ENG, JJ.

2007-10899 Racwel Construction, LLC, respondent-appellant, v Frank Manfredi, et al., appellants-respondents. (Index No. 04-13908)

DECISION & ORDER ON MOTION

Motion by the appellant-respondent to deem the notice of appeal and notice of cross appeal from a decision of the Supreme Court, Westchester County, entered October 16, 2007, to be premature notices of appeal from a judgment of the Supreme Court, Westchester County, entered January 3, 2008, and to direct the respondents-appellants to pay one-half the cost of the transcripts and printing the joint record on appeal. Application by the respondents-appellants pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to serve and file their answering brief, including their points of argument on the cross appeal (see 22 NYCRR 670.8[c][3]).

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

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

ORDERED that on or before July 23, 2008, the appellant-respondent shall serve and file a supplemental record containing a copy of the judgment entered January 3, 2008; and it is further,

ORDERED that on or before July 23, 2008, the respondents-appellants shall pay to the appellant-respondent one-half of the costs of the transcripts and printing the joint record on appeal, and provide proof of payment to this court; and it is further,

ORDERED that the respondents-appellants' time to serve and file their answering brief, including their points of argument on the cross appeal (see 22 NYCRR 670.8[c][3]), is enlarged until August 22, 2008, and the answering brief must be served and filed on or before that date.

DILLON, J.P., ANGIOLILLO, CARNI and ENG, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court