| Erickson v Cross Ready Mix, Inc. |
| Motion No: 2008-10020 |
| Slip Opinion No: 2012 NY Slip Op 69486(U) |
| Decided on April 5, 2012 |
| 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. |
Appellate Division: Second Judicial Department
M135738
E/sl
DANIEL D. ANGIOLILLO, J.P.
PLUMMER E. LOTT
LEONARD B. AUSTIN
JEFFREY A. COHEN, JJ.
|
2008-10020, 2009-04396, 2011-07053 Richard J. Erickson, plaintiff-respondent-appellant, v Cross Ready Mix, Inc., defendant-respondent, Turner Construction Company, defendant third-party plaintiff-respondent-appellant, Elite Ready Mix Corporation, appellant-respondent, et al., defendants; Commodore Construction Corp., third-party defendant-respondent. (Appeal No. 1) Richard J. Erickson, appellant, v Cross Ready Mix, Inc., et al., defendants, Turner Construction Company, defendant third-party plaintiff-respondent; Commodore Construction Corp., third-party defendant-respondent. (Appeal No. 2) Richard J. Erickson, appellant, v Cross Ready Mix, Inc., et al., defendants-respondents, Turner Construction Corp., defendant third-party plaintiff- respondent; Commodore Construction Corp., third-party defendant-respondent. (Appeal No. 3) (Index Nos. 11947/05, 9022/09)
| DECISION & ORDER ON MOTION |
Motion by Richard J. Erickson to enlarge the time to perfect an appeal from an order of the Supreme Court, Nassau County, entered June 22, 2011, (Appellate Division Docket No. 2011-07053) and to impose a sanction upon Turner Construction Company based on motions it filed in the Supreme Court, Nassau County, relating to appeals from two orders of the same court entered September 30, 2008 (Appellate Division Docket No. 2008-10020), and April 21, 2009, (Appellate Division Docket No. 2009-04396), which were determined by decisions and orders of this Court both dated July 13, 2010.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the branch of the motion which is to enlarge the time to perfect the appeal from the order entered June 22, 2011 (Appellate Division Docket No. 2011-07053), is granted, the appellant's time to perfect the appeal is enlarged until June 6, 2012, and the record or appendix on the appeal and the appellant's brief must be served and filed on or before that date; and it is further,
ORDERED that the branch of the motion which is to impose a sanction upon Turner Construction Company is denied.
ANGIOLILLO, J.P., LOTT, AUSTIN and COHEN, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court