Ferrara Bros. Building Materials Corp. v FMC Constructio
Motion No: 2013-06948
Slip Opinion No: 2013 NY Slip Op 92727(U)
Decided on November 29, 2013
Appellate Division, Second Department, Motion Decision
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
This motion is uncorrected and is not subject to publication in the Official Reports.


Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M165966

E/ct

2013-06948, 2013-06949

ORDER ON APPLICATION

Ferrara Bros. Building Materials Corp., etc.,

appellant-respondent, v FMC Construction, LLC,

defendant, Casa Redimix Concrete Corp.,

respondent-appellant.

(Index No. 16452/07)

Application pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect an appeal from an order of the Supreme Court, Queens County, dated April 23, 2013, and an appeal and cross appeal from an order of the same court dated April 16, 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 the application is granted, the time to perfect the appeals is enlarged until March 3, 2014, and the joint record or appendix on the appeals 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 its answering brief, including its points of argument on the cross appeal, in accordance with the rules of the Court (see 22 NYCRR 670.8[c][3]).

ENTER:

Aprilanne Agostino

Clerk of the Court