Appellate Division: Second Judicial Department

M139486

E/sl

2011-08724, 2012-02816, 2012-032670 Charles Holiday, respondent-appellant, v Nathan Poffenbarger, et al., defendants, MU Chapter of Sigma Pi Fraternity International, appellant-respondent. (Appeal No. 1) Charles Holiday, respondent, v Nathan Poffenbarger, et al., defendants, MU Chapter of Sigma Pi Fraternity International, appellant. (Appeals No. 2 and 3) (Index No. 38046/06)

ORDER ON APPLICATION

Application by Charles Holiday pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to serve and file a brief on an appeal and cross appeal from an order of the Supreme Court, Kings County, dated August 22, 2011, and appeals from two orders of the same court dated November 28, 2011, and January 24, 2012, respectively.

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 to the extent that Charles Holiday's time to serve and file a brief is enlarged until August 5, 2012, and Charles Holiday's brief, including the points of argument on the cross appeal (see 22 NYCRR 670.8[c][3]), must be served and filed on or before that date, and the application is otherwise denied.

ENTER:

Aprilanne Agostino

Clerk of the Court