Appellate Division: Second Judicial Department

M145346

S/sl

2012-02433 Robert Van Nostrand, respondent-appellant, v Race & Rally Construction Co., Inc., defendant third-party plaintiff-appellant-respondent, Carrier Northeast, et al., defendants-respondents, MCN Distributors, Inc., defendant-appellant-respondent; Master Mechanical Corp., third-party defendant-respondent (and another title). (Index No. 1447-06)

ORDER ON APPLICATION

Application by the appellant-respondent MCN Distributors, Inc., pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect appeals and a cross appeal from an order of the Supreme Court, Suffolk County, dated January 3, 2012. Separate application by the appellant-respondent Race & Rally Construction Co., Inc., for the same relief.

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

ORDERED that the applications are granted; and it is further,

ORDERED that the appellants-respondents' time to perfect the appeals is enlarged until December 21, 2012, and the joint record or appendix on the appeals (see 22 NYCRR 670.8[c][1]) and the appellants-respondents' briefs must be served and filed on or before that date; and it is further,

ORDERED that the respondent-appellant 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]).

ENTER:

Aprilanne Agostino

Clerk of the Court