Ragubir v 44 Court Street, LLC
Motion No: 2006-10122
Slip Opinion No: 2007 NYSlipOp 85590(U)
Decided on December 6, 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

M63264

E/sl

REINALDO E. RIVERA, J.P.

ROBERT A. SPOLZINO

DAVID S. RITTER

WILLIAM E. McCARTHY, JJ.

2006-10122

Anjanie Ragubir, et al., appellants,

v 44 Court Street, LLC, et al., defendants

third-party plaintiffs-respondents; Little

Flower Children's Services of New York,

etc., third-party defendant-respondent.

(Index No. 26371/00)

DECISION & ORDER ON MOTION

Motion by the third-party defendant-respondent, in effect, to dismiss an appeal from an order of the Supreme Court, Kings County, dated September 20, 2006, on the ground that the appellants' appendix is inadequate, or, in the alternative, to direct the appellants to serve and file a supplemental appendix 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 motion which is to enlarge the third-party defendant-respondent's time to serve and file a brief is granted, the third-party defendant-respondent's time to serve and file a brief is enlarged until January 7, 2008, and the third-party defendant-respondent's brief must be served and filed on or before that date; and it is further,

ORDERED that the motion is otherwise denied.

RIVERA, J.P., SPOLZINO, RITTER and McCARTHY, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court