Viera v Eldorado Construction Corp.
Motion No: 2011-01918
Slip Opinion No: 2011 NY Slip Op 75830(U)
Decided on June 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

M121557

B/sl

2011-01918

ORDER ON APPLICATION

Mario Cesar Viera, plaintiff-respondent,

v Eldorado Construction Corp., defendant

second third-party plaintiff-appellant-respondent,

Scott Soucy Construction Corp., defendant-

respondent; Vanderlucio Alves, etc., second

third-party defendant-respondent-appellant

(and another title).

(Index No. 8449/09)

Application by the respondent-appellant pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to serve and file a reply brief on an appeal and cross appeal from an order of the Supreme Court, Nassau County, dated January 10, 2011.

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 premature as the time of the appellant-respondent to serve and file a reply brief does not expire until July 1, 2011.

ENTER:

Matthew G. Kiernan

Clerk of the Court