| Amato v Fast Repair Incorporated |
| Motion No: 2006-00557 |
| Slip Opinion No: 2006 NYSlipOp 81697(U) |
| Decided on December 12, 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
M48101
E/sl
STEPHEN G. CRANE, J.P.
GLORIA GOLDSTEIN
WILLIAM F. MASTRO
ROBERT A. SPOLZINO, JJ.
|
2006-00557 James Amato, respondent, v Fast Repair Incorporated, etc., et al., appellants. (Index No. 27226/00)
| DECISION & ORDER ON MOTION |
Motion by the respondent to dismiss an appeal from a judgment of the Supreme Court, Kings County, entered December 29, 2005, for failure to perfect the same in accordance with the rules of the court. Application by the respondent pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to serve and file a 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 on the court's own motion, the appellants' time to serve the record and brief is enlarged, and the record and brief are deemed timely served; and it is further,
ORDERED that the motion by the respondent to dismiss the appeal is denied; and it is further,
ORDERED that the application is granted, the respondent's time to serve and file a brief is enlarged until January 11, 2007, and the respondent's brief must be served and filed on or before that date.
CRANE, J.P., GOLDSTEIN, MASTRO and SPOLZINO, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court