Appellate Division: Second Judicial Department

M75150

S/sl

2008-02229, 2008-07974 Alex D'Ambrosio, et al., respondents-appellants, v 85 Crystal Run Company, et al., respondents, Empire Blue Cross and Blue Shield, appellant- respondent, et al., defendants. (Appeal No. 1) Alex D'Ambrosio, et al., plaintiffs-respondents, v 85 Crystal Run Company, et al., respondents, Empire Blue Cross and Blue Shield, appellant. (Appeal No. 2) (and a related action) (Index No. 00-2280)

ORDER ON APPLICATION

Application by Empire Blue Cross and Blue Shield pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect appeals and a cross appeal from two orders of the Supreme Court, Orange County, both dated January 24, 2008.

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

ORDERED that the time of Empire Blue Cross and Blue Shield to perfect its appeals is enlarged until October 10, 2008, and the joint record or appendix on appeal (see 22 NYCRR 670.8[c][1]) and the brief of Empire Blue Cross and Blue Shield 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 appeal, on or before November 17, 2008 (see 22 NYCRR 670.8[c][3]); and it is further,

ORDERED that the respondents on both appeals shall serve and file their briefs on or before December 22, 2008; Empire Blue Cross and Blue Shield shall serve and file its reply brief on or before January 26, 2009; and the respondents-appellants shall serve and file their reply brief, if any, on or before February 10, 2009.

ENTER:

James Edward Pelzer

Clerk of the Court