Smith v Merrill Lynch & Co., Inc.
Motion No: 2008-03323
Slip Opinion No: 2008 NYSlipOp 91802(U)
Decided on December 11, 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

M79749

S/sl

2008-03323

Noel Smith, plaintiff, v Merrill Lynch &

Co., Inc., defendant, Fitzgerald & Fitzgerald,

P.C., defendant third-party plaintiff-appellant;

County of Nassau, third-party defendant-respondent,

et al., third-party defendants.

(Index No. 9299/04)

ORDER ON APPLICATION

Application by the defendant third-party plaintiff-appellant pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect an appeal from an order of the Supreme Court, Nassau County, dated March 3, 2008.

ORDERED that the application is granted and the appellant's time to perfect the appeal is enlarged until February 6, 2009, and the record or appendix on the appeal and the appellant's brief must be served and filed on or before that date.

ENTER:

James Edward Pelzer

Clerk of the Court