Appellate Division: Second Judicial Department

M109454

E/sl

REINALDO E. RIVERA, J.P.

DANIEL D. ANGIOLILLO

CHERYL E. CHAMBERS

LEONARD B. AUSTIN, JJ.

2009-11516 Steven Bruno, etc., et al., plaintiffs-respondents, v Trus A. Joist Weyerhaeuser Business, et al., defendants-respondents, Lakeland Lumber Corporation, defendant-appellant, Joseph F. Galea, defendant third-party/fourth-party plaintiff-respondent; Prime Source Building Products, Inc., third-party defendant-appellant (and other third-party actions). (Index No. 1536/04)

DECISION & ORDER ON MOTION

Motion by Prime Source Building Products, Inc., in effect, for leave to perfect its appeal from an order of the Supreme Court, Putnam County, dated November 2, 2009, separately from an appeal by Lakeland Lumber Corporation from the same order, and to enlarge the time to perfect its appeal.

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

ORDERED that the branch of the motion which is, in effect, for leave to perfect the appeals separately is denied; and it is further,

ORDERED that the branch of the motion which is to enlarge the time to perfect the appeal by Prime Source Building Products, Inc., is granted and the time to perfect the appeals is enlarged until December 13, 2010, and the joint record or appendix on the appeals and the appellants' respective briefs must be served and filed on or before that date.

RIVERA, J.P., ANGIOLILLO, CHAMBERS and AUSTIN, JJ., concur.

ENTER:

Matthew G. Kiernan

Clerk of the Court