Ahrens v Chisena
Motion No: 2006-00757
Slip Opinion No: 2007 NYSlipOp 60802(U)
Decided on January 11, 2007
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.


Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M49292

E/sl

ROBERT A. SPOLZINO, J.P.

DAVID S. RITTER

JOSEPH COVELLO

RUTH C. BALKIN, JJ.

2006-00757

Michael Ahrens, et al., respondents, v

Ronald Chisena, appellant, et al., defendants.

(Index No. 329/02)

DECISION & ORDER ON MOTION

Motion by the appellant, inter alia, to strike the respondents' brief and appendix on an appeal from an order of the Supreme Court, Nassau County, dated November 18, 2005, on the ground that they were not properly served or, in the alternative, to enlarge the time to serve and file a reply brief.

Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is

ORDERED that the branch of the motion which is to enlarge the time to serve and file a reply brief is granted, the appellant's time to serve and file a reply brief is enlarged until January 26, 2007, and the reply brief must be served and filed on or before that date; and it is further,

ORDERED that no further enlargements of time shall be granted; and it is further,

ORDERED that the motion is otherwise denied.

SPOLZINO, J.P., RITTER, COVELLO and BALKIN, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court