Appellate Division: Second Judicial Department

M73873

S/sl

2008-01032 Leroy Southwell, appellant-respondent, v Reginald Middleton, et al., respondents-appellants, Washington Mutual Bank, F.A., respondent. (Index No. 2907/06)

ORDER ON APPLICATION

Application by the 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, Kings County, dated November 16, 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 September 23, 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 respective answering briefs, including their points of argument on the cross appeal, on or before December 22, 2008 (see 22 NYCRR 670.8[c][3]); and it is further,

ORDERED that the respondent shall serve and file its brief and the respondents-appellants Reginald Middleton and Lefferts Place, LLC, shall serve and file a brief, if necessary, in response to the cross appeal of Emigrant Savings Bank, on or before January 26, 2009; and it is further,

ORDERED that the appellant-respondent shall serve and file a reply brief on or before March 3, 2008; and the respondents-appellants shall serve and file their respective reply briefs, if any, on or before March 18, 2009.

ENTER:

James Edward Pelzer

Clerk of the Court