| Montalvo v Air Dock Systems |
| Motion No: 2005-01933 +1 |
| Slip Opinion No: 2006 NYSlipOp 67344(U) |
| Decided on April 24, 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
M38861
E/sl
HOWARD MILLER, J.P.
DAVID S. RITTER
PETER B. SKELOS
ROBERT A. LIFSON, JJ.
|
2005-01933, 2005-04878 Nelson Montalvo, appellant, v Air Dock Systems, et al., respondents. (Index No. 21107/02)
| DECISION & ORDER ON MOTION |
Motion by the respondent Trac Lease, Inc., on appeals from two orders of the Supreme Court, Kings County, dated December 17, 2004, and April 15, 2005, respectively, inter alia, to direct the appellant to serve and file a supplemental record containing two affirmations of John T. Pellini, dated June 24, 2004, and March 18, 2005, respectively, with annexed exhibits; application by the respondent Trac Lease, Inc., to enlarge the time to serve and file a brief; and separate motion by the respondent Air Dock Systems to direct the appellant to serve and file a supplemental record containing the affirmations of John T. Pellini, dated June 24, 2004, and March 18, 2005, respectively, with annexed exhibits, and to enlarge the time to serve and file a brief.
Upon the papers filed in support of the motions, the application, and the papers filed in opposition and relation thereto, it is
ORDERED that the branches of the motions which are to direct the appellant to serve and file a supplemental record containing the affirmations of John T. Pellini, dated March 18, 2005, and June 24, 2004, respectively, with annexed exhibits, are granted, and on or before May 17, 2006, the appellant shall serve and file a supplemental record containing the affirmations of John T. Pellini, dated June 24, 2004, and March 18, 2005, respectively, with annexed exhibits; and it is further,
ORDERED that the application and the branch of the motion of the respondent Air Dock Systems which are to enlarge the time to serve and file their respective briefs are granted, the time of the respondents Trac Lease, Inc., and Air Dock Systems to serve and file their respective briefs is enlarged until June 16, 2006, and the briefs of those respondents must be served and filed on or before that date; and it is further,
ORDERED that the motion of the respondent Trac Lease, Inc., is otherwise denied.
MILLER, J.P., RITTER, SKELOS and LIFSON, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court