Appellate Division: Second Judicial Department

M95229

S/cb

A. GAIL PRUDENTI, P.J.

WILLIAM F. MASTRO

REINALDO E. RIVERA

PETER B. SKELOS

STEVEN W. FISHER, JJ.

2009-06662 Maria Cortez, etc., plaintiff-respondent- appellant, v Northeast Realty Holdings, LLC, appellant-respondent, National Realty & Development Corp., respondent, Precision Lawncare & Landscaping, Inc., defendant- respondent-appellant. (Index No. 07-7319)

DECISION & ORDER ON APPLICATION

Application by the plaintiff-respondent-appellant for leave to withdraw her brief and to file a replacement brief on an appeal and cross appeal from an order of the Supreme Court, Orange County, dated June 18, 2009, and pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to serve and file the replacement brief.

Upon the papers filed in support of the application and upon the stipulation of the parties, it is

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

ORDERED that the time of the plaintiff-respondent-appellant to serve and file a replacement brief, which includes her arguments on her cross appeal (see 22 NYCRR 670.8[c][3]), is enlarged until January 4, 2010; and it is further,

ORDERED that the defendant-respondent-appellant Precision Lawncare & Landscaping, Inc., shall serve and file its answering brief, including its points of argument on the cross appeal (see 22 NYCRR 670.8[c][3]), on or before February 8, 2010; and it is further,

ORDERED that the respondent shall serve and file its brief on or before March 15, 2010; the appellant-respondent shall serve and file its reply brief on or before April 19, 2010; and the respondents-appellants shall serve and file their reply briefs, if any, on or before May 5, 2010.

PRUDENTI, P.J., MASTRO, RIVERA, SKELOS and FISHER, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court