Appellate Division: Second Judicial Department

M130701

E/sl

PETER B. SKELOS, J.P.

L. PRISCILLA HALL

LEONARD B. AUSTIN

ROBERT J. MILLER, JJ.

2011-02549 Sandro Femia, respondent, v Graphic Arts Mutual Insurance Co., appellant-respondent, Dayton & Osborne, LLC, et al., respondents- appellants. (Index No. 3069-06)

DECISION & ORDER ON MOTION

Motion by the respondent-appellant Dayton & Osborne, LLC, in effect, to enlarge the time to perfect an appeal and cross appeals from an order of the Supreme Court, Suffolk County, dated December 30, 2010.

Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is

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

ORDERED that the time of Graphic Arts Mutual Insurance Co. to perfect the appeal is enlarged until January 30, 2012, and the joint record or appendix on appeal (see 22 NYCRR 670.8[c][1]) and the brief of Graphic Arts Mutual Insurance Co. must be served and filed on or before that date; and it is further,

ORDERED that if Graphic Arts Mutual Insurance Co. perfects its appeal, Dayton & Osborne, LLC, and Brooks Waterburn Corp. shall serve and file their answering briefs, including their points of argument on the cross appeals, in accordance with the rules of this Court (see 22 NYCRR 670.8[c][3]); if Graphic Arts Mutual Insurance Co. does not perfect its appeal, Dayton & Osborne, LLC, and Brooks Waterburn Corp. shall perfect their appeals on or before February 29, 2012; and it is further,

ORDERED that no further enlargement of time of the dates set forth above shall be granted.

SKELOS, J.P., HALL, AUSTIN and MILLER, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court