In the Matter of Thomas Mchugh v Daily Freeman et and Special Disability Fund Workers' Compensation Board.

Motion No: 503666

Slip Opinion No: 2008 NYSlipOp 84863(U)

Decided on September 11, 2008

Appellate Division, Third 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.

Decided and Entered: September 11, 2008

Case # 503666

In the Matter of the Claim of THOMAS MCHUGH, Respondent, v DAILY FREEMAN et al., Respondents, and SPECIAL DISABILITY FUND, Appellant. WORKERS' COMPENSATION BOARD, Respondent.

DECISION AND ORDER ON MOTION

Motion for extension of time to perfect appeal.

Cross motion to dismiss appeal.

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

ORDERED that the motion for an extension of time to perfect the appeal is granted, without costs, and the time to perfect the appeal is extended to November 10, 2008, and it is further

ORDERED that the appeal is dismissed, without costs, unless appellant shall file and serve its record on appeal and brief on or before November 10, 2008, in which event the cross motion to dismiss the appeal is denied.
CARDONA, P.J., SPAIN, CARPINELLO, ROSE and KANE, JJ., concur.
ENTER:

Michael J. Novack
Clerk of the Court