Nurse v Figeroux & Associates
Motion No: 2006-08338
Slip Opinion No: 2007 NYSlipOp 78470(U)
Decided on September 19, 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

M60024

E/sl

ROBERT A. SPOLZINO, J.P.

GABRIEL M. KRAUSMAN

STEVEN W. FISHER

DANIEL D. ANGIOLILLO, JJ.

2006-08338

Benjamin Nurse, respondent,

v Figeroux & Associates, et al., appellants.

(Index No. 2684/05)

DECISION & ORDER ON MOTION

Motion by the respondent, inter alia, to strike stated portions of the record and the appellants' brief on an appeal from an order of the Supreme Court, Kings County, dated July 25, 2006, on the ground that they contain or refer to matter dehors the record, 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 respondent's 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 October 9, 2007, and the respondent's 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., KRAUSMAN, FISHER and ANGIOLILLO, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court