Ortega v Deluxe Development, Inc.
Motion No: 2009-05938
Slip Opinion No: 2009 NY Slip Op 89611(U)
Decided on November 25, 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

M95038

E/sl

2009-05938

Emilio Ortega, etc., plaintiff,

v Deluxe Development, Inc., defendant

third-party plaintiff-appellant-respondent;

Rosma Development, LLC, third-party

defendant-respondent-appellant

(and another title).

(Index No. 15987/06)

ORDER ON APPLICATION

Application by the appellant-respondent pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect an appeal and cross appeal from an order of the Supreme Court, Kings County, dated March 25, 2009.

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

ORDERED that the appellant-respondent's time to perfect the appeal is enlarged until December 18, 2009, and the joint record or appendix on the 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 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