Erickson v Cross Ready Mix, Inc.
Motion No: 2008-10020
Slip Opinion No: 2009 NY Slip Op 71602(U)
Decided on May 6, 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

M85572

E/cb

2008-10020

ORDER ON APPLICATION

Richard J. Erickson, respondent-appellant,

v Cross Ready Mix, Inc., et al., respondents,

Turner Construction Company, defendant

third-party respondent-appellant, Elite Ready

Mix Corporation, defendant-appellant-respondent;

Commodore Construction Corp., third-party

defendant-respondent.

(Index No. 11947/05)

Application by Turner Construction Company on an appeal and cross-appeals from an order of the Supreme Court, Nassau County, dated September 22, 2008 pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect its cross appeal.

ORDERED that the application is granted; and it is further,

ORDERED that Turner Construction Company's time to serve and file its answering brief, including the points of argument on the cross appeal (see 22 NYCRR 670.8[c][3]) is enlarged until June 22, 2009, and Turner Construction Company's answering brief must be served and filed on or before that date; and it is further,

ORDERED that Richard J. Erickson's time to serve and file its answering brief, including the points of argument on the cross appeal (see 22 NYCRR 670.8[c][3]) is enlarged until July 27, 2009.

ENTER:

James Edward Pelzer

Clerk of the Court