Moreno v MBR Contracting, Inc.
Motion No: 2016-05278
Slip Opinion No: 2016 NY Slip Op 86523(U)
Decided on September 23, 2016
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

M217828

S/ct

2016-05278

Elvin Javier Moreno, respondent, v MBR

Contracting, Inc., respondent-appellant,

Metro Contracting NY, Inc., appellant-

respondent, et al., defendant.

(Index No. 7286/12)

ORDER ON APPLICATION

Application by the respondent 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, Kings County, dated April 6, 2016. Separate application by the respondent-appellant 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 application by the respondent-appellant is granted, the respondent-appellant's time to serve and file its answering brief, including its points of argument on the cross appeal (see 22 NYCRR 670.8[c][3]), is enlarged until October 31, 2016, and the respondent-appellant's brief shall be served and filed on or before that date; and it is further,

ORDERED that the application by the respondent is denied as premature.

ENTER:

Aprilanne Agostino

Clerk of the Court