Appellate Division: Second Judicial Department

M215781

S/afa

2015-12410 Gerald Davies, respondent-appellant, v Simon Property Group, Inc., respondent, E.W. Howell Co., LLC, defendant third-party plaintiff-appellant-respondent, Ruttura & Sons Construction Corp., defendant-appellant-respondent; Allstate Interior Demolition Corporation, third-party defendant-respondent (and another third-party action). (Index No. 601597/13)

ORDER ON APPLICATION

Application by Ruttura & Sons Construction Corp. 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, Nassau County, dated December 9, 2015. Separate application by E.W. Howell Co., LLC, 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 their appeals is enlarged until September 16, 2016, and the joint record or appendix on the appeals and cross appeal (see 22 NYCRR 670.8[c][1]) and the appellants-respondents' respective briefs must be served and filed on or before that date; and it is further,

ORDERED that the respondent-appellant shall serve and file his 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