| D'Elia v Menorah Home and Hospital for Aged and Infirm |
| Motion No: 2006-08987 |
| Slip Opinion No: 2007 NYSlipOp 69734(U) |
| Decided on May 18, 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
M54865
E/sl
A. GAIL PRUDENTI, P.J.
FRED T. SANTUCCI
JOSEPH COVELLO
EDWARD D. CARNI, JJ.
|
2006-08987 Eileen D'Elia, etc., appellant, v Menorah Home and Hospital for the Aged and Infirm, respondent. (Index No. 21530/04)
| DECISION & ORDER ON MOTION |
Motion by the respondent on an appeal from an order of the Supreme Court, Kings County, dated August 15, 2006, to strike the appellant's appendix and to enlarge the time to serve and file a brief. Cross motion by the appellant, in effect, to preclude the respondent from filing a brief.
Upon the papers filed in support of the motion and the cross motion, and the papers filed in opposition thereto, it is
ORDERED that the branch of the motion which is to strike the appellant's appendix is denied without prejudice to the respondent 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 is enlarged until June 18, 2007, and the respondent's brief must be served and filed on or before that date; and it is further,
ORDERED that the cross motion is denied.
PRUDENTI, P.J., SANTUCCI, COVELLO and CARNI, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court