Appellate Division: Second Judicial Department

M108323

E/sl

2010-02967 U.S. Bank National Association, etc., plaintiff-respondent-appellant, v Joseph Dicks, et al., defendants third-party plaintiffs-respondents, et al., defendant; Wells Fargo Bank, N.A., et al., third-party defendant-respondent-appellant, Somerset Investors Corp., third-party defendant- appellant-respondent, et al., third-party defendants. (Index No. 101643/08)

ORDER ON APPLICATION

Application by U.S. Bank National Association and Wells Fargo Bank, N.A., 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, Richmond County, dated February 2, 2010.

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

ORDERED that the application is granted and the time to perfect the appeal is enlarged until December 30, 2010, and the joint record or appendix on the appeal and the brief of the third-party defendant-appellant-respondent must be served and filed on or before that date; and it is further,

ORDERED that the respondents-appellants shall serve and file their answering brief, including points of argument on the cross appeal, in accordance with the rules of the court (see 22 NYCRR 670.8[c][3]).

ENTER:

Matthew G. Kiernan

Clerk of the Court