Kielty v AJS Construction of L.I., Inc.
Motion No:
Slip Opinion No: 2010 NY Slip Op 86758(U)
Decided on October 29, 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

M110419

E/sl

FRED T. SANTUCCI, J.P.

RUTH C. BALKIN

RANDALL T. ENG

L. PRISCILLA HALL, JJ.

2010-04676

Keri Kielty, plaintiff, v AJS Construction of

L.I., Inc., et al., defendants third-party

plaintiffs-appellants-respondents, MRP

Family Holdings, LLC, defendant-respondent,

NY Construction & Paving, Inc., et al., defendant

third-party defendant-respondent-appellant,

et al., defendants.

(Index No. 103213/05)

DECISION & ORDER ON MOTION

Motion by NY Construction & Paving, Inc., to enlarge the time to serve and file an answering brief on an appeal and cross appeal from an order of the Supreme Court, Richmond County, dated March 19, 2010. Application by MRP Family Holdings, LLC, pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to serve and file a brief .

Upon the papers filed in support of the motion and no papers having been filed in opposition or in relation thereto, and 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 motion and application are granted; and it is further,

ORDERED that NY Construction & Paving, Inc., shall serve and file its answering brief, including its points of argument on the cross appeal, on or before November 29, 2010 (see 22 NYCRR 670.8[c][3]); and it is further,

ORDERED that no further enlargement of time shall be granted; and it is further,

ORDERED that MRP Family Holdings, LLC, shall serve and file its brief on or before January 3, 2011.

SANTUCCI, J.P., BALKIN, ENG and HALL, JJ., concur.

ENTER:

Matthew G. Kiernan

Clerk of the Court