Gittleman v Johnson Electrical Construction Corp.
Motion No: 2010-00135
Slip Opinion No: 2010 NY Slip Op 72272(U)
Decided on May 24, 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

M103274

S/sl

2010-00135

Dean W. Gittleman, et al., plaintiffs-respondents,

v Johnson Electrical Construction Corp., defendant

third-party plaintiff-respondent-appellant, et al.,

defendant; All County Paving Corp., third-party

defendant-appellant-respondent.

(Index No. 4647-06)

ORDER ON APPLICATION

Application by the respondent-appellant 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, Suffolk County, dated November 9, 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 August 10, 2010, 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, in accordance with the rules of this court (see 22 NYCRR 670.8[c][3]).

ENTER:

James Edward Pelzer

Clerk of the Court