Smith v Merrill Lynch & Co., Inc.
Motion No: 2008-03323
Slip Opinion No: 2009 NY Slip Op 72297(U)
Decided on May 12, 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

M86521

E/cb

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 third-party defendant-respondent pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to serve and file a brief on an appeal from an order of the Supreme Court, Nassau County, dated March 3, 2008.

ORDERED that the application is granted and the third-party defendant-respondent's time to serve and file a brief is enlarged until June 8, 2009, and the third-party defendant-respondent's brief must be served and filed on or before that date.

ENTER:

James Edward Pelzer

Clerk of the Court