| Riley Excavating and Contracting, Inc. v Wenger Construction Co., Inc. |
| Motion No: 2016-07788 |
| Slip Opinion No: 2017 NY Slip Op 61695(U) |
| Decided on January 20, 2017 |
| 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. |
Appellate Division: Second Judicial Department
M224847
S/sl
|
2016-07788
Riley Excavating and Contracting, Inc., plaintiff, v Wenger Construction Co., Inc., appellant-responde Kabro Associates of Woodbury, LLC, respondent- appellant, et al., defendants. (Index No. 603426/13)
| ORDER ON APPLICATION nt, |
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, Nassau County, dated June 24, 2016.
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; and it is further,
ORDERED that the appellant-respondent's time to perfect the appeal is enlarged until March 20, 2017, 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 respondent-appellant shall serve and file its answering brief, including its 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