Appellate Division: Second Judicial Department

M181103

S/htr

2014-04816 Jeffrey Hatter, plaintiff-respondent, v Bob Myerson, defendant second third- party plaintiff-appellant-respondent, Fuscaldo Enterprises, Ltd., defendant third-party plaintiff-respondent-appellant, Hudson Valley Tru Contracting, Inc., defendant third third-party plaintiff- respondent-appellant, Rhinebeck Tennis Club, LLC, defendant-respondent, et al., defendants; Mid-Steel Construction Company, third-party/second third-party defendant-respondent-appellant; Steel Built Corporation, et al., third third-party defendants-respondents-appellants, et al., third third-party defendants. (Index No. 17045/10)

ORDER ON APPLICATION

Application by the appellant-respondent pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect an appeal from an order of the Supreme Court, Westchester County, dated March 31, 2014. Separate application by the respondent-appellant Hudson Valley Tru Contracting, 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 appellant-respondent's time to perfect the appeal is enlarged until December 22, 2014, and the joint record or appendix on 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 respondents-appellants Hudson Valley Tru Contracting, Inc., and Fuscaldo Enterprises, Ltd, shall serve and file their respective answering briefs, including the points of argument on their cross appeals, on or before January 27, 2014 (see 22 NYCRR 670.8[c][3]); and it is further,

ORDERED that the respondent-appellant Mid-Steel Construction Company and the respondents-appellants Steel Built Corporation and Straight Steel Sales Corp., shall serve and file their respective answering briefs, including the points of argument on their cross appeals, on or before March 3, 2015 (see 22 NYCRR 670.8[c][3]); and it is further,

ORDERED that the plaintiff-respondent and the defendant-respondent shall serve and file their briefs on or before April 7, 2015; and it is further,

ORDERED that the appellant-respondent shall serve and file its reply brief on or before May 12, 2015; the respondents-appellants Hudson Valley Tru Contracting, Inc., and Fuscaldo Enterprises, Ltd, shall serve and file their respective reply briefs on or before June 17, 2015; and the respondent-appellant Mid-Steel Construction Company and the respondents-appellants Steel Built Corporation and Straight Steel Sales Corp., shall serve and file their respective reply briefs on or before July 2, 2015.

ENTER:

Aprilanne Agostino

Clerk of the Court