Appellate Division: Second Judicial Department

M83003

E/sl

2008-08429 Anthony Marinos, plaintiff-respondent, v West 5th Street Furniture, Inc., etc., appellant-respondent, 320 Kings Highway Realty, LLC, defendant third-party plaintiff second third-party plaintiff-respondent- appellant; Beth Israel Medical Center, third-party defendant-respondent-appellant; City of New York, et al., second third-party defendants- respondents. (Index No. 23668/05)

ORDER ON APPLICATION

Separate applications by West 5th Street Furniture, Inc., and 320 Kings Highway Realty, LLC, in effect, 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, Kings County, dated July 30, 2008.

ORDERED that the applications are granted; and it is further,

ORDERED that the time to perfect the appeal is enlarged until April 6, 2009, and the joint record or appendix on the appeal (see 22 NYCRR 670.8[c][1]) and the brief of West 5th Street Furniture, Inc., must be served and filed on or before that date; and it is further,

ORDERED that 320 Kings Highway Realty, LLC, and Beth Israel Medical Center 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