Gayle v DEMKS, Inc.
Motion No: 2013-03550
Slip Opinion No: 2014 NY Slip Op 61219(U)
Decided on January 16, 2014
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

M167521

E/ct

WILLIAM F. MASTRO, J.P.

JEFFREY A. COHEN

ROBERT J. MILLER

SYLVIA O. HINDS-RADIX, JJ.

2013-03550

Venroy Gayle, plaintiff-respondent,

v DEMKS, Inc., respondent-appellant,

Tritec Building Company, Inc., appellant-

respondent, et al., defendant.

(Index No. 22592/10)

DECISION & ORDER ON MOTION

Motion by the appellant-respondent to enlarge the time to perfect an appeal and cross appeal from an order of the Supreme Court, Suffolk County, dated January 22, 2013.

Upon the papers filed in support of the motion 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 is enlarged until March 4, 2014, 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 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]).

MASTRO, J.P., COHEN, MILLER and HINDS-RADIX, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court