| Garcia v Superior Crane Rental, Inc. |
| Motion No: 2011-00291 |
| Slip Opinion No: 2011 NY Slip Op 76262(U) |
| Decided on June 22, 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. |
Appellate Division: Second Judicial Department
M121828
E/sl
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2011-00291 ORDER ON APPLICATION Marcial Garcia, appellant, v Superior Crane Rental, Inc., defendant third-party plaintiff- respondent, City of Yonkers, defendant-respondent; Almstead Tree & Shrub Care Company, LLC, third-party defendant-respondent. (Index No. 08-1192)
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Application by the appellant pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect an appeal from an order of the Supreme Court, Westchester County, dated November 17, 2010. Separate application by the defendant third-party plaintiff-respondent pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to serve and file a brief.
Upon the papers filed in support of the applications, the papers filed in relation to the appellant's application, and no papers having been filed in opposition or in relation to the defendant third-party plaintiff-respondent's application, it is
ORDERED that the appellant's application is granted and the appellant's time to perfect the appeal is enlarged until August 15, 2011, and the record or appendix on the appeal and the appellant's brief must be served and filed on or before that date; and it is further,
ORDERED that the defendant third-party plaintiff-respondent's application is denied as premature.
ENTER:
Matthew G. Kiernan
Clerk of the Court