Tapia v Mario Genovesi & Sons, Inc.
Motion No: 2009-01580
Slip Opinion No: 2009 NY Slip Op 79813(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

M90410

S/sl

2009-01580

Carlos Tapia, appellant-respondent, v Mario

Genovesi & Sons, Inc., etc., respondent-appellant,

Reale Masonry Contractors, Inc., et al., respondents.

(Index No. 07-5550)

ORDER ON APPLICATION

Application by the appellant-respondent pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect an appeal from an order of the Supreme Court, Westchester County, dated December 17, 2008, and cross application by the respondent-appellant for the same relief.

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

ORDERED that the appellant-respondent's time to perfect the appeal is enlarged until October 2, 2009, and the joint record or appendix on appeal (see 22 NYCRR 670.8[c][1]) and the appellant-respondent's brief must be served and filed on or before that date; and it is further,

ORDERED that the respondent-appellant shall serve and file its answering brief, including its points of argument on the cross appeal, on or before November 9, 2009 (see 22 NYCRR 670.8[c][3]); and it is further,

ORDERED that the respondent's brief shall be served and filed on or before December 14, 2009; and it is further,

ORDERED that the reply briefs of the appellant-respondent and the respondent-appellant shall be served and filed on or before December 29, 2009.

ENTER:

James Edward Pelzer

Clerk of the Court