| Matter of Nationwide Protection, Ltd. v Ruzicka |
| Motion No: 2007-03925 |
| Slip Opinion No: 2007 NYSlipOp 82616(U) |
| Decided on November 1, 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
M61934
E/sl
ROBERT A. SPOLZINO, J.P.
DAVID S. RITTER
JOSEPH COVELLO
THOMAS A. DICKERSON, JJ.
|
2007-03925 In the Matter of Nationwide Protection, Ltd., respondent, v James Ruzicka, etc., et al., appellants. (Index No. 20453/06)
| DECISION & ORDER ON MOTION |
Motion by the respondent, inter alia, to strike the record on an appeal from an order of the Supreme Court, Nassau County, dated April 4, 2007, as inadequate, 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 on the court's own motion the appellants' notice of appeal is deemed to be an application for leave to appeal to this court and leave to appeal is granted (see CPLR 5701[c]); 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 November 30, 2007, and the respondent's brief must be served and filed on or before that date; and it is further,
ORDERED that the motion is otherwise denied.
SPOLZINO, J.P., RITTER, COVELLO and DICKERSON, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court