| Brooks v Sunben Realty, Inc. |
| Motion No: 2005-11043 +1 |
| Slip Opinion No: 2006 NYSlipOp 76823(U) |
| Decided on September 29, 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
M45244
E/sl
ANITA R. FLORIO, J.P.
GLORIA GOLDSTEIN
DANIEL F. LUCIANO
ROBERT J. LUNN, JJ.
|
2005-11043, 2006-03339 Marie F. Brooks, appellant, v Sunben Realty, Inc., et al., respondents. (Index No. 22228/03)
| DECISION & ORDER ON MOTION |
Motion by the respondent Sunben Realty, Inc., to dismiss an appeal from an order of the Supreme Court, Kings County, dated October 7, 2005, insofar as asserted against it, or, in the alternative, to enlarge the time to serve and file a brief. Application by the appellant to enlarge the time to serve and file a reply brief.
Upon the papers filed in support of the motion and the application, and the papers filed in opposition to the motion, it is
ORDERED that the branch of the motion which is to dismiss the appeal as to the movant is denied without prejudice to the movant raising the issue in its brief; and it is further,
ORDERED that the branch of the motion which is to enlarge the movant's time to serve and file a brief is granted, the movant's time to serve and file a brief is enlarged until October 30, 2006, and the movant's brief must be served and filed on or before that date; and it is further,
ORDERED that the application is granted, the appellant's time to serve and file a reply brief is enlarged until November 29, 2006, and the reply brief must be served and filed on or before that date.
FLORIO, J.P., GOLDSTEIN, LUCIANO and LUNN, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court