Appellate Division: Second Judicial Department

M161479

P/nl

2013-03164 Carstine Scott, plaintiff-respondent, v Avalonbay Communities, Inc, defendant third-party plaintiff- respondent-appellant; C.M. Lawn Service, Inc., defendant third-party defendant-appellant-respondent. (Index No. 6246/10)

ORDER ON APPLICATION

Application by the respondent-appellant, inter alia, 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, Rockland County, dated February 13, 2013.

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 branch of the application which is for an enlargement of time to serve and file the respondent-appellant's brief is granted, the time to serve and file the respondent-appellant's brief is enlarged until September 16, 2013, and the respondent-appellant'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 it is further,

ORDERED that the branch of the application which is to enlarge the time to serve and file the brief of the plaintiff-respondent is denied as premature, without prejudice to renew when the respondent-appellant's brief is filed.

ENTER:

Aprilanne Agostino

Clerk of the Court