Appellate Division: Second Judicial Department

M130837

S/sl

WILLIAM F. MASTRO, A.P.J.

REINALDO E. RIVERA

PETER B. SKELOS

MARK C. DILLON

DANIEL D. ANGIOLILLO, JJ.

2011-06308 Plato Construction Corp., appellant-respondent, v Catlin Specialty Insurance Co., respondent, Newbridge Coverage Corp., respondent-appellant. (Index No. 12893/10)

DECISION & ORDER ON MOTION

On the Court's own motion, it is

ORDERED that the order on application of this Court dated December 19, 2011, in the above-entitled appeal is recalled and vacated and the following decision and order on motion is substituted therefor:

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, Nassau County, entered May 19, 2011. Separate application by the respondent-appellant for the same relief.

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

ORDERED that the applications are granted; and it is further,

ORDERED that the appellant-respondent's time to perfect the appeal is enlarged until February 21, 2012, and the joint record or appendix on 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 its answering brief, including its points of argument on the cross appeal, in accordance with the rules of this Court (see 22 NYCRR 670.8[c][3]).

MASTRO, A.P.J., RIVERA, SKELOS, DILLON and ANGIOLILLO, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court