Hart v Commack Hotel, LLC
Motion No: 2010-06782
Slip Opinion No: 2011 NY Slip Op 64928(U)
Decided on February 23, 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

M116004

J/sl

2010-06782

ORDER ON APPLICATION

Thomas Hart, appellant-respondent,

v Commack Hotel, LLC, defendant third-party

plaintiff-respondent-appellant, HMB

Management Co., defendant third-party

plaintiff-respondent, et al., defendant;

Hart Roofing & Waterproofing, third-party

defendant-respondent.

(Index No. 25471-09)

Application by the appellant-respondent pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to serve and file a reply brief on an appeal and cross appeal from an order of the Supreme Court, Suffolk County, dated June 22, 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 denied as premature as the time of the defendant third-party plaintiff-respondent and the third-party defendant-respondent to serve and file their respective briefs does not expire until March 14, 2011.

ENTER:

Matthew G. Kiernan

Clerk of the Court