Parikh v Woodbury Premium Outlets
Motion No: 2010-04281
Slip Opinion No: 2010 NY Slip Op 87179(U)
Decided on November 5, 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

M110581

J/sl

STEVEN W. FISHER, J.P.

ANITA R. FLORIO

JOHN M. LEVENTHAL

L. PRISCILLA HALL, JJ.

2010-04281

DECISION & ORDER ON APPLICATION

Daxa Parikh, plaintiff-respondent, v Woodbury

Premium Outlets, et al., defendants third-party

plaintiffs-appellants-respondents, Lawrence

Construction Company, Inc., defendant third-party

defendant-respondent-appellant

(and another action).

(Index No. 06-7280)

Application by Lawrence Construction Company, Inc., pursuant to 22 NYCRR 670.8(d)(2) on an appeal and cross appeal from an order of the Supreme Court, Orange County, dated March 4, 2010, to enlarge the time to perfect the cross appeal.

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 appeal by Woodbury Premium Outlets and CPG Partners, L.P. is dismissed, without costs or disbursements, for failure to timely perfect (see 22 NYCRR 670.8); and it is further,

ORDERED that the application is granted and the time of Lawrence Construction Company, Inc., to perfect the appeal is enlarged until December 20, 2010, and the record or appendix on the appeal and the brief of the appellant Lawrence Construction Company, Inc., must be served and filed on or before that date.

FISHER, J.P., FLORIO, LEVENTHAL and HALL, JJ., concur.

ENTER:

Matthew G. Kiernan

Clerk of the Court