Performance Construction Corp. v Huntington Building, L
Motion No: 2008-06917
Slip Opinion No: 2009 NY Slip Op 81371(U)
Decided on August 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

M91258

E/sl

FRED T. SANTUCCI, J.P.

HOWARD MILLER

RUTH C. BALKIN

LEONARD B. AUSTIN, JJ.

2008-06917

Performance Construction Corp., appellant,

v Huntington Building, LLC, et al., defendants,

Corcoran Marble & Monument Co., Inc.,

et al., respondents.

(Index No. 3225-08)

DECISION & ORDER ON MOTION

Motion by the respondent Corcoran Marble & Monument Co., Inc., to enlarge the time to serve and file a brief on an appeal from an order of the Supreme Court, Suffolk County, dated June 10, 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 motion is granted and the time of the respondent Corcoran Marble & Monument Co., Inc., to serve and file a brief is enlarged until September 24, 2009, and the brief of the respondent Corcoran Marble & Monument Co., Inc., must be served and filed on or before that date; and it is further,

ORDERED that no further enlargement of time shall be granted.

SANTUCCI, J.P., MILLER, BALKIN and AUSTIN, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court