Smith v Merrill Lynch & Co., Inc.
Motion No: 2010-07952
Slip Opinion No: 2011 NY Slip Op 62822(U)
Decided on February 1, 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.


Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M114815

B/ct

2010-07952

ORDER ON APPLICATION

Noel Smith, plaintiff-respondent, v Merrill

Lynch & Co., Inc., defendant-appellant,

Fitzgerald & Fitzgerald, P.C., defendant

third-party plaintiff-appellant, et al.,

defendant third-party plaintiff; Locator

Services Group, Ltd., et al., third-party

defendants-respondents, et al., third-party

defendant.

(Index No. 9299/04)

Application by the appellant Merrill Lynch & Co., Inc., pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect appeals from an order of the Supreme Court, Nassau County, dated July 16, 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 appellants' time to perfect the appeals is enlarged until February 28, 2011, and the joint record or appendix on the appeals and the appellants' briefs must be served and filed on or before that date.

ENTER:

Matthew G. Kiernan

Clerk of the Court