Appellate Division: Second Judicial Department

M120579

J/sl

2011-00714 ORDER ON APPLICATION Cesar Zapata, plaintiff-respondent, v Bovis Lend Lease, LMB, Inc., defendants third-party plaintiffs-respondents; W & W Glass, Inc., third-party defendant/ second third-party plaintiff-appellant-respondent; Metal Sales, Co., Inc., second third-party defendant-respondent-appellant. (Index No. 11931/08)

Separate applications by the appellant-respondent and the respondent-appellant pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect an appeal and cross appeal from an order of the Supreme Court, Queens County, entered November 17, 2010.

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

ORDERED that the application of the appellant-respondent is granted; and it is further,

ORDERED that the appellant-respondent's time to perfect the appeal is enlarged until August 2, 2011, and the joint record or appendix on the appeal (see 22 NYCRR 670.8[c][1]) and the appellant-respondent's brief must be served and filed on or before that date; and it is further,

ORDERED that the respondent-appellant shall serve and file the answering brief, including the points of argument on the cross appeal, in accordance with the rules of this Court (see 22 NYCRR 670.8[c][3]); and it is further,

ORDERED that the application of the respondent-appellant is denied as premature as the appellant-respondent has not perfected its appeal.

ENTER:

Matthew G. Kiernan

Clerk of the Court