| Matter of Millennium Custom Homes, Inc. v Young |
| Motion No: 2008-00869 |
| Slip Opinion No: 2008 NYSlipOp 80009(U) |
| Decided on August 13, 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. |
Appellate Division: Second Judicial Department
M74431
E/sl
REINALDO E. RIVERA, J.P.
HOWARD MILLER
JOSEPH COVELLO
ARIEL E. BELEN, JJ.
|
2008-00869 In the Matter of Millennium Custom Homes, Inc., appellant, v Thomas Young, et al., respondents. (Index No. 35794-06)
| DECISION & ORDER ON MOTION |
Motion by the respondents on an appeal from an order of the Supreme Court, Suffolk County, dated December 10, 2007, to dismiss the appeal and/or strike the record and appellant's brief or 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 dismiss the appeal and/or strike the record and appellant's brief is denied without prejudice to the respondents raising the argument in their brief; 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 and the respondents' time to serve and file a brief is enlarged until September 12, 2008, and the respondents' brief must be served and filed on or before that date.
RIVERA, J.P., MILLER, COVELLO and BELEN, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court