| Donaldson v Spencer |
| Motion No: 2005-10836 |
| Slip Opinion No: 2006 NYSlipOp 76970(U) |
| Decided on October 2, 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
M45313
Y/sl
STEPHEN G. CRANE, J.P.
GABRIEL M. KRAUSMAN
ROBERT A. SPOLZINO
PETER B. SKELOS, JJ.
|
2005-10836 Winston Donaldson, appellant, v Hyatt L. Spencer, et al., respondents. (Index No. 50583/01)
| DECISION & ORDER ON MOTION |
Motion by the respondents to dismiss as untimely an appeal from an order of the Supreme Court, Kings County, entered October 28, 2005, or, in the alternative, to enlarge the time to serve and file a brief on the appeal.
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 appeal 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, the respondents' time to serve and file a brief is enlarged until October 31, 2006, and the respondents' brief must be served and filed on or before that date.
CRANE, J.P., KRAUSMAN, SPOLZINO and SKELOS, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court