Sydnor v Home Depot U.S.A., Inc.
Motion No: 2008-10109
Slip Opinion No: 2009 NY Slip Op 76593(U)
Decided on June 29, 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

M88608

S/cb

2008-10109

Johnnie Sydnor, et al., appellants-respondents,

v Home Depot U.S.A., Inc., respondent-

appellant, Cecil G. Small, et al., respondents.

(Index No. 18756/05)

ORDER ON APPLICATION

Separate applications by the appellants-respondents and the respondent-appellant pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect an appeal and cross-appeal from an interlocutory judgment of the Supreme Court, Kings County, dated September 22, 2008.

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

ORDERED that the appellants-respondents' time to perfect the appeal is enlarged until August 24, 2009, and the joint record or appendix on the appeal (see 22 NYCRR 670.8[c][1]) and the appellants-respondents' brief must be served and filed on or before that date; and it is further,

ORDERED that the respondent-appellant shall serve and file the answering brief, including the points of argument on the cross appeal, in accordance with the rules of this court (see 22 NYCRR 670.8[c][3]).

ENTER:

James Edward Pelzer

Clerk of the Court