Appellate Division: Second Judicial Department

M141767

E/ct

PETER B. SKELOS, J.P.

CHERYL E. CHAMBERS

PLUMMER E. LOTT

JEFFREY A. COHEN, JJ.

2011-10219, 2012-02235 Mack-Cali Realty, L.P., et al., respondents- appellants, v Everfoam Insulation Systems, Inc., appellant-respondent (and a third-party action). (Appeal No. 1) Mack-Cali Realty, L.P., et al., respondents, v Everfoam Insulation Systems, Inc., defendant third-party plaintiff-appellant; Baysystems North America, LLC, third-party defendant-respondent. (Appeal No. 2) (Index No. 08-15778)

DECISION & ORDER ON MOTION

Motion by the appellant-respondent to enlarge the time to perfect an appeal from an order of the Supreme Court, Westchester County, entered August 22, 2011. Cross motion by the respondents-appellants to enlarge their time to perfect their appeal in the event that an extension is not granted to the appellant-respondent. Application by the appellant pursuant to 22 NYCRR 670.8(d)(2) on an appeal from an order of the same court entered January 9, 2012, to enlarge the time to perfect that appeal.

Upon the papers filed in support of the motion and the cross motion, and no papers having been filed in opposition or in relation thereto, and 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 motion is granted, the appellant-respondent's time to perfect the appeal from the order entered August 22, 2011, is enlarged until August 20, 2012, and the joint record or appendix on the 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 no further enlargement of time shall be granted; and it is further,

ORDERED that the respondents-appellants shall serve and file the answering brief, including the points of argument on the cross appeal, in accordance with the rules of this Court (see 22 NYCRR 670.8[c][3]); and it is further,

ORDERED that the cross motion is denied as academic; and it is further,

ORDERED that the application is granted and the appellant's time to perfect the appeal from the order entered January 9, 2012, is enlarged until August 20, 2012, and the record or appendix on appeal and the appellant's brief shall be served and filed on or before that date.

SKELOS, J.P., CHAMBERS, LOTT and COHEN, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court