Appellate Division: Second Judicial Department

M105947

E/ct

FRED T. SANTUCCI, J.P.

JOHN M. LEVENTHAL

CHERYL E. CHAMBERS

LEONARD B. AUSTIN, JJ.

2009-08843, 2010-05804 Ferrandino & Son, Inc., appellant, v Wheaton Builders, Inc., LLC, et al., respondents (and a third-party action). (Action No. 1) Ferrandino & Son, Inc., appellant, v Utica Mutual Insurance Company, et al., respondents. (Action No. 2) Utica Mutual Insurance Company, respondent, v Ferrandino & Son, Inc., et al., appellants. (Action No. 3) (Index Nos. 014338/08, 014887/08, CA 2008-002912)

DECISION & ORDER ON MOTION

Motion by the appellants on appeals from an order of the Supreme Court, Nassau County, dated July 31, 2009 (Appellate Division Docket No. 2009-08843), and an order of the same court entered May 20, 2010 (Appellate Division Docket No. 2010-05804), in effect, for leave to refer to the record filed in connection with the appeal from the order dated July 31, 2009, in the briefs filed in connection with the appeal from the order entered May 20, 2010, for leave to perfect the appeal from the order entered May 20, 2010, by filing a record containing any additional documents that are not contained in the record filed in connection with the appeal from the order dated July 31, 2009, and for leave for the respondents to file a single brief in relation to both appeals and for the appellants to file a single reply brief in relation to both appeals. Separate applications by the respondent Wheaton Builders, Inc., LLC, and the respondent HE2 Project Development, LLC, pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to serve and file their briefs in connection with the appeal from the order dated July 31, 2009.

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

ORDERED that the branch of the motion which is, in effect, for leave to refer to the record filed in connection with the appeal from the order dated July 31, 2009 (Appellate Division Docket No. 2009-08843), in the briefs filed in connection with the appeal from the order entered May 20, 2010 (Appellate Division Docket No. 2010-05804), and for leave to perfect the appeal from the order entered May 20, 2010, by filing a record containing any additional documents that are not contained in the record filed in connection with the appeal from the order dated July 31, 2009, is granted; and it is further,

ORDERED that on or before August 23, 2010, the appellants shall serve and file the record and brief for the appeal from the order entered May 20, 2010 (Appellate Division Docket No. 2010-05804); and it is further,

ORDERED that the motion is otherwise denied; and it is further,

ORDERED that the applications are granted, the time of the respondent Wheaton Builders, Inc., LLC, and the respondent HE2 Project Development, LLC, to serve and file their briefs in connection with the appeal from the order dated July 31, 2009 (Appellate Division Docket No. 2009-08843), is enlarged until September 27, 2010, and the briefs must be served and filed on or before that date.

SANTUCCI, J.P., LEVENTHAL, CHAMBERS and AUSTIN, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court