Ellenbast v Watkins
Motion No: 2004-11271
Slip Opinion No: 2006 NYSlipOp 63329(U)
Decided on February 28, 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

M36442

C/nal

DAVID S. RITTER, J.P.

ROBERT A. SPOLZINO

ROBERT A. LIFSON

MARK C. DILLON, JJ.

2004-11271

Michael Ellenbast, appellant, v

Jesse Watkins, etc., et al., defendants,

Unkechaug Indian Nation of Poospatuck

Indians, respondent.

(Index No. 12227/00)

DECISION & ORDER ON MOTION

Motion by the respondent to enlarge the time to serve and file a brief on an appeal from an order of the Supreme Court, Suffolk County, entered February 9, 2004.

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 the respondent's time to serve and file a brief is enlarged until March 13, 2006, and the respondent's brief must be served and filed on or before that date; and it is further,

ORDERED that no further enlargement of time to serve and file the respondent's brief shall be granted; and it is further,

ORDERED that the reply brief, if any, shall be served and filed in accordance with the rules of this court (see 22 NYCRR 670.8[b]).

RITTER, J.P., SPOLZINO, LIFSON and DILLON, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court