Scheller v Turner Construction Company
Motion No: 2010-10806
Slip Opinion No: 2011 NY Slip Op 85351(U)
Decided on September 29, 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

M126662

E/sl

PETER B. SKELOS, J.P.

RUTH C. BALKIN

JOHN M. LEVENTHAL

L. PRISCILLA HALL, JJ.

2010-10806

James Scheller, et al., respondents-appellants,

v Turner Construction Company, et al., appellants-

respondents, Hughes Brothers, Inc., et al., respondents.

(Index No. 14508/06)

DECISION & ORDER ON MOTION

Motion by Turner Construction Company, Turner Corporation, City of New York, and New York City Economic Development Corporation to enlarge the time to perfect appeals and a cross appeal from an order of the Supreme Court, Kings County, dated September 30, 2010.

Upon the papers filed in support of the motion and no papers having been filed in opposition or in relation thereto, it is

ORDERED that the motion is granted; and it is further,

ORDERED that the appellants-respondents' time to perfect the appeals is enlarged until December 30, 2011, and the joint record or appendix on the appeals (see 22 NYCRR 670.8[c][1]) and the appellants-respondents' briefs must be served and filed on or before that date; and it is further,

ORDERED that the respondents-appellants 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]).

SKELOS, J.P., BALKIN, LEVENTHAL and HALL, JJ., concur.

ENTER:

Matthew G. Kiernan

Clerk of the Court