Appellate Division: Second Judicial Department

M105654

S/sl

2009-10717, 2010-02630 Murray Reich, et al., respondents, v Malcolm Pirnie, Inc., et al., defendants third-party plaintiffs-appellants-respondents, AFC Enterprises, Inc., defendant-respondent- appellant; CSM Engineering, P.C., third-party defendant-respondent-appellant, et al., third-party defendant. (Index No. 06-7350)

ORDER ON APPLICATION

Application by the third-party defendant-respondent-appellant pursuant to 22 NYCRR 670.8(d)(2) to withdraw its cross appeal on an appeal and cross appeal from an order of the Supreme Court, Westchester County, dated October 2, 2009, and an appeal from an order of the same court dated January 18, 2010, and to enlarge its time to serve and file a brief. Separate application by the plaintiffs-respondents to enlarge their time to serve and file a brief.

Upon the papers filed in support of the applications and no papers having been filed in opposition thereto, it is

ORDERED that the application to withdraw the cross appeal of the third-party defendant-respondent appellant is granted and the cross appeal of the third-party defendant-respondent-appellant is marked withdrawn; and it is further,

ORDERED that the applications to enlarge time are granted and the respondents' briefs shall be served and filed on or before August 11, 2010.

ENTER:

James Edward Pelzer

Clerk of the Court