Tarpey v Kolanu Partners, LLC
Motion No: 2008-07256
Slip Opinion No: 2009 NYSlipOp 63166(U)
Decided on February 9, 2009
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

M82260

S/nl

2008-07256

Kevin J. Tarpey, et al., plaintiffs-respondents,

v Kolanu Partners, LLC, et al., defendants

third-party plaintiffs-appellants, Olympic

Plumbing & Heating Corp., defendants-

respondents; S & C Products Corp., third-party

defendant-appellant; HP Electrical Designs,

Inc., et al., third-party defendants-respondents.

(Index No. 16319/05)

ORDER ON APPLICATION

Application by the defendants third-party plaintiffs-appellants pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect an appeal from an order of the Supreme Court, Queens County, dated July 10, 2008. Separate application by the appellant S & C Products Corp. to withdraw its appeal.

Upon the papers filed in support of the applications and no papers having been filed in opposition thereto, it is

ORDERED that the application to withdraw the appeal is granted and the appeal by S & C Products Corp. is marked withdrawn; and it is further,

ORDERED that the application to enlarge time is granted, the defendants third-party plaintiffs-appellants' time to perfect the appeal is enlarged until April 6, 2009, and the record or appendix on the appeal and the appellants' brief must be served and filed on or before that date.

ENTER:

James Edward Pelzer

Clerk of the Court