Kyprianides v Warwick Valley Humane Society
Motion No: 2007-05024
Slip Opinion No: 2008 NYSlipOp 75498(U)
Decided on June 20, 2008
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

M72103

E/sl

REINALDO E. RIVERA, J.P.

ROBERT A. LIFSON

FRED T. SANTUCCI

HOWARD MILLER, JJ.

2007-05024

Stephen Kyprianides, appellant,

v Warwick Valley Humane Society, respondent.

(Index No. 01-3336)

DECISION & ORDER ON MOTION

Motion by the respondent to dismiss an appeal from an order of the Supreme Court, Orange County, dated April 23, 2007, on the ground that the appellant did not serve a record on 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 denied on the ground that the appellant was granted leave to prosecute the appeal on the original papers; and it is further,

ORDERED that on the court's own motion, the respondent's time to serve and file a brief is enlarged until July 21, 2008, and the respondent's brief must be served and filed on or before that date.

RIVERA, J.P., LIFSON, SANTUCCI and MILLER, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court