Giordano v H. Osterhoudt Excavating, Inc.
Motion No: 2010-08397
Slip Opinion No: 2011 NY Slip Op 74084(U)
Decided on May 27, 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

M120754

B/sl

2010-08397

ORDER ON APPLICATION

Joseph P. Giordano, etc., respondent,

v H. Osterhoudt Excavating, Inc., appellant.

(Index No. 10184/09)

Application by the respondent pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to file a brief on an appeal from an order of the Supreme Court, Dutchess County, dated July 21, 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 unnecessary as the respondent's brief was timely filed on May 23, 2011.

ENTER:

Matthew G. Kiernan

Clerk of the Court