McFarland v American Oxygen Company
Motion No: 2010-10938
Slip Opinion No: 2011 NY Slip Op 79675(U)
Decided on August 2, 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

M122859

B/sl

A. GAIL PRUDENTI, P.J.

WILLIAM F. MASTRO

REINALDO E. RIVERA

PETER B. SKELOS

MARK C. DILLON, JJ.

2010-10938

Jeffrey G. McFarland, et al., plaintiffs-respondents,

et al., plaintiff, v American Oxygen Company,

defendant third-party defendant-respondent,

Tri-Weld Industries, Inc., defendant third-party

plaintiff-appellant.

(Index No. 33474-06)

DECISION AND ORDER ON MOTION

On the Court's own motion, it is

ORDERED that its order on application dated June 28, 2011, in the above-entitled case is recalled and vacated, and the following order on application is substituted therefor:

Application by Tri-Weld Industries, Inc., pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to serve and file a reply brief on an appeal from an order of the Supreme Court, Suffolk County, dated October 8, 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 granted and the reply brief shall be served and filed on or before August 5, 2011.

PRUDENTI, P.J., MASTRO, RIVERA, SKELOS and DILLON, JJ., concur.

ENTER:

Matthew G. Kiernan

Clerk of the Court