Appellate Division: Second Judicial Department

M119566

E/sl

DANIEL D. ANGIOLILLO, J.P.

THOMAS A. DICKERSON

ARIEL E. BELEN

SANDRA L. SGROI, 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 appellant-respondent on an appeal and cross appeal from an order of the Supreme Court, Kings County, dated December 2, 2010, to extend the time to comply with a decision and order on motion of this Court dated March 4, 2011, which directed it to consult with the respondent-appellant (see 22 NYCRR 670.8[c][1]), and 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]), on or before a date certain.

Upon the papers filed in support of the motion and no papers having been filed in opposition or in relation thereto, it is

ORDERED that on the motion is granted, and the appellant-respondent's time to consult with the respondent-appellant (see 22 NYCRR 670.8[c][1]), and 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]), is extended until May 11, 2011.

ANGIOLILLO, J.P., DICKERSON, BELEN and SGROI, JJ., concur.

ENTER:

Matthew G. Kiernan

Clerk of the Court