| ADC Contracting & Construction, Inc. v Town of Southam |
| Motion No: 2006-03527 |
| Slip Opinion No: 2007 NYSlipOp 61160(U) |
| Decided on January 16, 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. |
Appellate Division: Second Judicial Department
M49386
E/sl
HOWARD MILLER, J.P.
STEVEN W. FISHER
MARK C. DILLON
DANIEL D. ANGIOLILLO, JJ.
|
2006-03527 ADC Contracting & Construction, Inc., appellant, v Town of Southampton, respondent. (Index No. 31308-02)
| DECISION & ORDER ON MOTION |
Motion by the respondent on an appeal from a judgment of the Supreme Court, Suffolk County, entered March 17, 2006, to direct the appellant to file a supplemental appendix containing certain documents and to enlarge the time to serve and file a 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 direct the appellant to file a supplemental appendix is denied without prejudice to the respondent's filing its own appendix (see CPLR 5528[b]); 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 respondent's time to serve and file a brief and appendix, if any, is enlarged until February 15, 2007, and the respondent's brief and appendix must be served and filed on or before that date.
MILLER, J.P., FISHER, DILLON and ANGIOLILLO, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court