Weitz v Anzek Construction Corporation
Motion No: 2008-03453
Slip Opinion No: 2008 NYSlipOp 92209(U)
Decided on December 16, 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

M79983

E/sl

ROBERT A. SPOLZINO, J.P.

STEVEN W. FISHER

HOWARD MILLER

EDWARD D. CARNI, JJ.

2008-03453

Adam Weitz, et al., plaintiff-respondent,

v Anzek Construction Corporation, appellant,

Verticon, Ltd., et al., defendants-respondents

(and a third-party action).

(Index No. 5016/04)

DECISION & ORDER ON MOTION

Motion by the defendant-respondent Verticon, Ltd., to enlarge the record on an appeal from an order of the Supreme Court, Dutchess County, dated March 14, 2008, and to enlarge the time to serve and file a brief.

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

ORDERED that the branch of the motion which is to enlarge the record is denied; and it is further,

ORDERED that the branch of the motion which is to enlarge the time to serve and file a brief is granted, the time of the defendant-respondent Verticon, Ltd., to serve and file a brief is enlarged until January 15, 2009, and the brief of the defendant-respondent Verticon, Ltd., must be served and filed on or before that date.

SPOLZINO, J.P., FISHER, MILLER and CARNI, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court