| McEvoy v Bovis Lend Lease |
| Motion No: 2010-08030 |
| Slip Opinion No: 2011 NY Slip Op 64830(U) |
| Decided on February 22, 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
M115804
E/sl
WILLIAM F. MASTRO, J.P.
PETER B. SKELOS
JOHN M. LEVENTHAL
SHERI S. ROMAN, JJ.
|
2010-08030 Raymond McEvoy, et al., plaintiffs, v Bovis Lend Lease, etc., et al., defendants third-party plaintiffs-respondents, et al., defendant; S.J. Electric, Inc., third-party defendant-appellant. (Index No. 8675/08)
| DECISION & ORDER ON MOTION |
Motion by the plaintiffs, inter alia, to dismiss an appeal from an order of the Supreme Court, Kings County, dated July 23, 2010, for failure to timely perfect. Application by the appellant pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect the appeal.
Upon the papers filed in support of the motion and the papers filed in opposition 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 is denied; and it is further,
ORDERED that the application is granted, the time to perfect the appeal is enlarged until April 4, 2011, and the record or appendix on the appeal and the third-party defendant-appellant's brief must be served and filed on or before that date.
MASTRO, J.P., SKELOS, LEVENTHAL and ROMAN, JJ., concur.
ENTER:
Matthew G. Kiernan
Clerk of the Court