| Cupolo v Center Moriches Union Free School District |
| Motion No: 2006-07671 |
| Slip Opinion No: 2007 NYSlipOp 65259(U) |
| Decided on March 15, 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
M52121
S/sl
HOWARD MILLER, J.P.
FRED T. SANTUCCI
ANITA R. FLORIO
ROBERT A. LIFSON, JJ.
|
2006-07671
Kristine Cupolo, et al., plaintiffs-respondents, v Center Moriches Union Free School District, appellant-respondent, Adelwirth Bus Corporation, respondent-appellant, Jesse Watkins, et al., defendants-respondents. (Index No. 15639-02)
| DECISION & ORDER ON APPLICATION |
Application by the appellant-respondent pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect an appeal and cross appeal from an order of the Supreme Court, Suffolk County, entered July 21, 2006. The appellant-respondent has advised the court that the attorney representing the defendant-respondent Jesse Watkins was disbarred.
Upon the papers filed in support of the application and no papers having been filed in opposition thereto, it is
ORDERED that the application is granted and the time to perfect the appeal and cross appeal is enlarged until May 15, 2007, and the joint record or appendix on the appeal (see 22 NYCRR 670.8[c][1]), and the appellant-respondent's brief must be served and filed on or before that date; and it is further,
ORDERED that the respondent-appellant shall serve and file its answering brief, including its points of argument on the cross appeal, in accordance with the rules of this court (see 22 NYCRR 670.8[c][3]).
ORDERED that pursuant to CPLR 321, on or before April 30, 2007, the defendant-respondent Jesse Watkins is directed to retain new counsel and advise the Clerk of this court of the name and address of new counsel or that he will proceed pro se; and it is further,
ORDERED that on or before March 30, 2007, the attorneys for the appellant-respondent are directed to serve a copy of this decision and order on application on the defendant- respondent Jesse Watkins personally by one of the methods specified in CPLR 2103(c), and file proof of service with this court.
MILLER, J.P., SANTUCCI, FLORIO and LIFSON, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court