| Gittleman v Johnson Electrical Construction Corp. |
| Motion No: 2010-00135 |
| Slip Opinion No: 2011 NY Slip Op 61681(U) |
| Decided on January 19, 2011 |
| 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. |
Appellate Division: Second Judicial Department
M114274
E/sl
MARK C. DILLON, J.P.
RUTH C. BALKIN
RANDALL T. ENG
LEONARD B. AUSTIN, JJ.
|
2010-00135 Dean W. Gittleman, et al., plaintiffs-respondents, v Johnson Electrical Construction Corp., defendant third-party plaintiff-respondent-appellant, et al., defendant; All County Paving Corp., third-party defendant-appellant-respondent. (Index No. 4647-06)
| DECISION & ORDER ON MOTION |
Motion by All County Paving Corp. to enlarge the time to perfect an appeal and cross appeal from an order of the Supreme Court, Suffolk County, dated November 9, 2009.
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 motion is granted; and it is further,
ORDERED that the time of All County Paving Corp. to perfect the appeal is enlarged until February 18, 2011, and the joint record or appendix on appeal (see 22 NYCRR 670.8[c][1]) and the brief of All County Paving Corp. must be served and filed on or before that date; and it is further,
ORDERED that Johnson Electrical Construction Corp. shall serve and file its answering brief, including its points of argument on the cross appeal, in accordance with the rules of this Court (see 22 NYCRR 670.8[c][3]); and it is further,
ORDERED that no further enlargement of time shall be granted.
DILLON, J.P., BALKIN, ENG and AUSTIN, JJ., concur.
ENTER:
Matthew G. Kiernan
Clerk of the Court