Viola v Milo
Motion No: 2009-09076
Slip Opinion No: 2010 NY Slip Op 70837(U)
Decided on May 7, 2010
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

M102376

S/sl

2009-09076

Christopher Viola, appellant,

v Joseph Milo, et al., defendants third-party

plaintiffs-respondents; Above All Carting,

Inc., third-party defendant-respondent.

(Index No. 11509/05)

ORDER ON APPLICATION

ORDERED that the order on application of this court dated April 7, 2010, in the above-entitled case is recalled and vacated and the following order on application is substituted therefor:

Applications by the respondents pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to serve and file their respective briefs on an appeal from an order of the Supreme Court, Nassau County, dated July 29, 2009.

ORDERED that the applications are granted and the respondents' time to serve and file their respective briefs is enlarged until May 7, 2010, and the respondents' briefs must be served and filed on or before that date.

ENTER:

James Edward Pelzer

Clerk of the Court