Kyprianides v Warwick Valley Humane Society
Motion No: 2007-05024
Slip Opinion No: 2008 NYSlipOp 82160(U)
Decided on September 10, 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

M75443

E/sl

ROBERT A. LIFSON, J.P.

ANITA R. FLORIO

ARIEL E. BELEN

CHERYL E. CHAMBERS, JJ.

2007-05024

Stephen Kyprianides, appellant,

v Warwick Valley Humane Society, respondent.

(Index No. 01-3336)

DECISION & ORDER ON MOTION

Motion by the appellant to strike the respondent's brief on an appeal from an order of the Supreme Court, Orange County, dated April 23, 2007, on the ground that it was not timely filed.

Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is

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

ORDERED that the appellant's time to serve and file a reply brief is enlarged until September 30, 2008, and the reply brief, if any, must be served and filed on or before that date.

LIFSON, J.P., FLORIO, BELEN and CHAMBERS, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court