Zapata v Bovis Lend Lease LMB, Inc.
Motion No: 2011-00714
Slip Opinion No: 2011 NY Slip Op 80117(U)
Decided on August 4, 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

M123509

S/sl

2011-00714

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)

ORDER ON APPLICATION

Application by the appellant-respondent pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect an appeal from an order of the Supreme Court, Queens County, entered November 17, 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 it is further,

ORDERED that the appellant-respondent's time to perfect the appeal is enlarged until October 3, 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]).

ENTER:

Matthew G. Kiernan

Clerk of the Court