Appellate Division: Second Judicial Department

M88033

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FRED T. SANTUCCI, J.P.

ANITA R. FLORIO

THOMAS A. DICKERSON

PLUMMER E. LOTT, JJ.

2008-10020, 2009-04396 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. (Appeal No. 1) Richard J. Erickson, respondent-appellant, v Cross Ready Mix, Inc., et al., respondents, Elite Ready Mix Corporation, appellant-respondent (and a third-party action). (Appeal No. 2) (Index No. 11947/05)

DECISION & ORDER ON MOTION

Motion by Turner Construction Company, inter alia, to hold in abeyance an appeal and cross appeals from an order of the Supreme Court, Nassau County, dated September 22, 2008, "pending the perfection" of an appeal and cross appeal from an order of the same court dated April 17, 2009, and to enlarge the time to serve and file a brief in connection with the appeal and cross appeals from the order dated September 22, 2008.

Upon the papers filed in support of the motion and the papers filed in relation thereto, it is

ORDERED that on the court's own motion, the appeals and cross appeals from the orders dated April 17, 2009, and September 22, 2008, respectively, will be calendared together and will be argued or submitted on the same day; and it is further,

ORDERED that the branch of the motion which is to enlarge the time of Turner Construction Company to serve and file a brief in connection with the appeal and cross appeals from the order dated September 22, 2008 (Appellate Division Docket No. 2008-10020), is granted, the time of Turner Construction Company 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 16, 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 in connection with the appeal and cross appeals from the order dated September 22, 2008 (Appellate Division Docket No. 2008-10020), including the points of argument on the cross appeal (see 22 NYCRR 670.8[c][3]), is enlarged until August 20, 2009, and it is further,

ORDERED that the motion is otherwise denied.

SANTUCCI, J.P., FLORIO, DICKERSON and LOTT, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court