| Ortiz v Batash |
| Motion No: 2004-10709 |
| Slip Opinion No: 2006 NYSlipOp 65602(U) |
| Decided on March 27, 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. |
Appellate Division: Second Judicial Department
M37687
T/sl
DAVID S. RITTER, J.P.
DANIEL F. LUCIANO
STEVEN W. FISHER
ROBERT A. LIFSON, JJ.
|
2004-10709 Yohanny Ortiz, respondent, v Leo Batash, etc., et al., appellants. (Index No. 26806/94)
| DECISION & ORDER ON MOTION |
Motion by the respondent to dismiss an appeal from an order of the Supreme Court, Queens County, dated July 19, 2004, on the ground that the appellant failed to serve and file a supplemental record in accordance with decisions and orders on motion dated February 3, 2006, and March 3, 2006, or, in the alternative, 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 or relation thereto, it is
ORDERED that the branch of the motion which is to dismiss the complaint is denied; and it is further,
ORDERED that the branch of the motion which is to enlarge the time to serve and file a brief is granted, and the respondent's' time to serve and file a brief is enlarged until May 1, 2006, and the respondent's brief shall be served and filed on or before that date.
RITTER, J.P., LUCIANO, FISHER and LIFSON, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court