Erickson v Cross Ready Mix, Inc.
Motion No: 2008-10020
Slip Opinion No: 2009 NY Slip Op 73357(U)
Decided on May 26, 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

M86754

E/cb

2008-10020

Richard J. Erickson, respondent-appellant,

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

Turner Construction Company, defendant

third-party plaintiff respondent-appellant, Elite Ready

Mix Corporation, defendant-appellant-respondent;

Commodore Construction Corp., third-party

defendant-respondent.

(Index No. 11947/05)

ORDER ON APPLICATION

Separate applications by Cross Ready Mix, Inc., and 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 serve and file their briefs.

ORDERED that the application by Cross Ready Mix, Inc., is denied as premature; and it is further,

ORDERED that the application by Turner Construction Company is denied as unnecessary in light of the order on application of this court dated May 6, 2009.

ENTER:

James Edward Pelzer

Clerk of the Court