Appellate Division: Second Judicial Department

M116256

J/sl

DANIEL D. ANGIOLILLO, J.P.

ANITA R. FLORIO

ARIEL E. BELEN

ROBERT J. MILLER, JJ.

2011-00448 Larisa Fidler, respondent, v World International Import Export, LLC, respondent-appellant, Shemesh, Inc., appellant-respondent, et al., defendants. (Index No. 14100/08)

DECISION & ORDER ON MOTION

Application by the respondent-appellant pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to serve and file a brief on an appeal and cross appeal from an order of the Supreme Court, Kings County, dated December 2, 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 on the Court's own motion, the appellant-respondent shall, after consultation with the respondent-appellant (see 22 NYCRR 670.8[c][1]), on or before March 25, 2011, either serve and file a replacement joint record containing the notice of cross appeal dated January 20, 2011, or serve and file a supplemental record containing the notice of cross appeal dated January 20, 2011, which will then together with the record on file with this Court, be deemed a joint record (see 22 NYCRR 670.8[c][1]); and it is further,

ORDERED that the application is granted and the respondent-appellant's time to serve and file a brief is enlarged until April 25, 2011, and the respondent-appellant's brief, including the points of argument on the cross appeal (see 22 NYCRR 670.8[c][3]), must be served and filed on or before that date.

ANGIOLILLO, J.P., FLORIO, BELEN and MILLER, JJ., concur.

ENTER:

Matthew G. Kiernan

Clerk of the Court