Center Candy, Inc. v CJB Food Mart, Inc., d/b/a CJB Food
Motion No: 2007-02142
Slip Opinion No: 2007 NYSlipOp 85045(U)
Decided on December 3, 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

M63016

E/sl

HOWARD MILLER, J.P.

STEPHEN G. CRANE

MARK C. DILLON

RUTH C. BALKIN, JJ.

2007-02142

Center Candy, Inc., respondent,

v CJB Food Mart, Inc., d/b/a CJB Food

Mart, etc., appellant.

(Index No. 13023/06)

DECISION & ORDER ON MOTION

Application by the appellant on an appeal from an order of the Supreme Court, Nassau County, dated January 24, 2007, to enlarge the record to include an affidavit of Thomas M. Beirne dated November 22, 2006, and an affirmation of Morris D. Weintraub also dated November 22, 2006, and to enlarge the time to perfect the appeal.

Upon the papers filed in support of the motion and no papers having been filed in opposition or in relation thereto, it is

ORDERED that the motion is granted; and it is further,

ORDERED that the appellant's appendices and briefs submitted to the Clerk of the court are accepted for filing; and it is further,

ORDERED that the respondent's time to serve and file a brief is enlarged until December 31, 2007, and the respondent's brief must be served and filed on or before that date.

MILLER, J.P., CRANE, DILLON and BALKIN, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court