Appellate Division: Second Judicial Department

M78130

E/sl

2008-04918 Luis Miguel Herrnsdorf, respondent-appellant, v Bernard Janowitz Construction Corporation, defendant third-party plaintiff-respondent, Westbrook Partners, LLC, respondent-appellant, W.J. Harbor Ridge, LLC, respondent; Allright Construction Corp., third-party defendant-respondent; Utica First Insurance Co., third-party defendant- appellant-respondent. (Index No. 13790/05)

ORDER ON APPLICATION

Application by Luis Miguel Herrnsdorf 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, Queens County, entered April 4, 2008.

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

ORDERED that the appellant-respondent's time to perfect the appeal is enlarged until January 20, 2009, and the joint record or appendix on the 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 answering briefs, including the points of argument on the cross appeals, in accordance with the rules of this court (see 22 NYCRR 670.8[c][3]).

ENTER:

James Edward Pelzer

Clerk of the Court