Clark v Halmar Equities, Inc.
Motion No: 2010-08209
Slip Opinion No: 2011 NY Slip Op 66897(U)
Decided on March 15, 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

M116267

B/sl

A. GAIL PRUDENTI, P.J.

WILLIAM F. MASTRO

REINALDO E. RIVERA

PETER B. SKELOS

MARK C. DILLON, JJ.

2010-08209

Charles Clark, et al., respondents,

v Halmar Equities, Inc., et al., appellants.

(Index No. 3092/01)

DECISION & ORDER ON MOTION

Application by the appellant Industrial Time & Systems, Inc., pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect an appeal from an order of the Supreme Court, Queens County, dated June 15, 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 Industrial Time & Systems, Inc., shall on or before March 31, 2011, after consultation with the appellant Halmar Equities, Inc. (22 NYCRR 670.8[c][1]), either serve and file a replacement joint record containing the notice of appeal dated August 2, 2010, or serve and file a supplemental record containing the notice of appeal dated August 2, 2010, which will then, together with the record on file with this Court, be deemed to be a joint record; and it is further,

ORDERED that the application is granted and the time of the appellant Industrial Time & Systems, Inc., to perfect its appeal is enlarged until March 31, 2011, and the brief of the appellant Industrial Time & Systems, Inc., must be served and filed on or before that date.

PRUDENTI, P.J., MASTRO, RIVERA, SKELOS and DILLON, JJ., concur.

ENTER:

Matthew G. Kiernan

Clerk of the Court