Larchmont Nurseries, Inc. v Daly
Motion No: 2005-02443
Slip Opinion No: 2006 NYSlipOp 61316(U)
Decided on January 31, 2006
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

M35388

C/sl

ANITA R. FLORIO, J.P.

GABRIEL M. KRAUSMAN

GLORIA GOLDSTEIN

ROBERT A. LIFSON, JJ.

2005-02443

Larchmont Nurseries, Inc., appellant,

v John Daly, respondent.

(Index No. 00-18645)

DECISION & ORDER ON MOTION

Motion by the respondent on an appeal from a judgment of the Supreme Court, Westchester County, dated February 17, 2005, to enlarge the record on appeal to include the preliminary conference order dated August 8, 2001, and to enlarge the time to serve and file a brief.

Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is

ORDERED that the motion is granted; and it is further,

ORDERED that on or before February 28, 2006, the respondent shall serve and file a supplemental record containing the preliminary conference order dated August 8, 2001, and its brief on the appeal.

FLORIO, J.P., KRAUSMAN, GOLDSTEIN and LIFSON, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court