Caplan v Tofel
Motion No: 2008-02605
Slip Opinion No: 2008 NYSlipOp 89817(U)
Decided on November 20, 2008
Appellate Division, Second 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.


Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M78814

E/sl

2008-02605

David R. Caplan, appellant-respondent,

v Lawrence E. Tofel, et al., respondents-

appellants.

(Index No. 8694/07)

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-appeal from an order of the Supreme Court, Dutchess County, dated February 22, 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 December 18, 2008, and the joint record 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 brief, including their points of argument on the cross appeal, in accordance with the rules of this court (see 22 NYCRR 670.8[c][3]).

ENTER:

James Edward Pelzer

Clerk of the Court