Appellate Division: Second Judicial Department

M138115

S/sl

WILLIAM F. MASTRO, A.P.J.

REINALDO E. RIVERA

PETER B. SKELOS

MARK C. DILLON

DANIEL D. ANGIOLILLO, JJ.

2011-09067 Suzanne M. Conning, appellant-respondent, v Robert J. Dietrich, respondent-appellant, Brooklyn Triathlon Club, et al., respondents. (Index No. 32474/08)

DECISION & ORDER ON MOTION

On the Court's own motion, it is

ORDERED that the order on application of this Court dated February15, 2012, is recalled and vacated and the following order on application 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, Kings County, dated July 15, 2011.

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

ORDERED that the application is granted the appellant-respondent's time to perfect the appeal is enlarged until May 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 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]).

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

ENTER:

Aprilanne Agostino

Clerk of the Court