Matter of Wenger v L.A. Wenger Contracting Co., Inc.
Motion No: 2011-10929
Slip Opinion No: 2012 NY Slip Op 72880(U)
Decided on May 10, 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.


Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M137503

S/sl

2011-10929

In the Matter of David Wenger, respondent-

appellant, v L.A. Wenger Contracting Co., Inc.,

et al., appellants-respondents.

(Action No. 1)

In the Matter of L.A. Wenger Contracting Co., Inc.,

et al., appellants-respondents, v David Wenger,

respondent-appellant.

(Action No. 2)

(Index Nos. 31701-08, 2149-09)

ORDER ON APPLICATION

Application by the appellants-respondents pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect an appeal and cross appeal from a judgment of the Supreme Court, Suffolk County, entered October 24, 2011.

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

ORDERED that the application is granted the appellants-respondents' time to perfect the appeal is enlarged until July 2, 2012, and the joint record or appendix on appeal (see 22 NYCRR 670.8[c][1]) and the appellants-respondents' brief must be served and filed on or before that date; and it is further,

ORDERED that the respondent-appellant shall serve and file his answering brief, including his points of argument on the cross appeal, in accordance with the rules of this Court (see 22 NYCRR 670.8[c][3]).

ENTER:

Aprilanne Agostino

Clerk of the Court