Nesterczuk v Goldin Management, Inc.
Motion No: 2008-10114
Slip Opinion No: 2009 NY Slip Op 79810(U)
Decided on August 4, 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

M90398

E/sl

STEVEN W. FISHER, J.P.

THOMAS A. DICKERSON

RANDALL T. ENG

ARIEL E. BELEN, JJ.

2008-10114

Christopher Nesterczuk, et al., plaintiffs,

v Goldin Management, Inc., et al., appellants-

respondents, Alisa Construction Co., Inc.,

respondent-appellant, et al., defendant

(and a third-party action).

(Index No. 23746/04)

DECISION & ORDER ON MOTION

Motion by the appellants-respondents to enlarge the time to perfect an appeal and cross appeal from a judgment of the Supreme Court, Kings County, entered September 18, 2008.

Upon the papers filed in support of the motion and no papers having been filed in opposition or in relation thereto, it is

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

ORDERED that the appellants-respondents' time to perfect the appeal is enlarged until August 28, 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 no further enlargement of time shall be granted; 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, on or before October 28, 2009 (see 22 NYCRR 670.8[c][3]).

FISHER, J.P., DICKERSON, ENG and BELEN, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court