Appellate Division: Second Judicial Department

M73791

S/sl

2008-04671 Randy W. Boone, et al., respondents, v 100 Marcus Drive Associates, et al., defendants respondents-appellants, Melville Snow Contractors, Inc., defendant third-party plaintiff appellant-respondent; Hy Grade Construction, Inc., third-party defendant, Jim's Asphalt Paving, Inc., et al., third-party defendants respondents-appellants. (Index No. 003243/06)

ORDER ON APPLICATION

Application by the defendant third-party plaintiff appellant-respondent pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect an appeal and cross appeals from an order of the Supreme Court, Nassau County, dated January 7, 2008.

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

ORDERED that the defendant third-party plaintiff appellant-respondent's time to perfect the appeal is enlarged until August 18, 2008, and the joint record or appendix on appeal (see 22 NYCRR 670.8[c][1]) and the defendant third-party plaintiff 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, on or before September 22, 2008 (see 22 NYCRR 670.8[c][3]); and it is further,

ORDERED that the plaintiffs-respondents shall serve and file their brief on or before October 28, 2008; and it is further,

ORDERED that the defendant third-party plaintiff appellant-respondent shall serve and file a reply brief on or before December 2, 2008, and the respondents-appellants shall serve and file their respective reply briefs on or before December 17, 2008.

ENTER:

James Edward Pelzer

Clerk of the Court