| Troutman v 957 Nassau Road, LLC |
| Motion No: 2008-06791 |
| Slip Opinion No: 2009 NYSlipOp 65223(U) |
| Decided on March 3, 2009 |
| 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
M83081
E/sl
ROBERT A. SPOLZINO, J.P.
ANITA R. FLORIO
HOWARD MILLER
ARIEL E. BELEN, JJ.
|
2008-06791 Rosalyn Troutman, etc., et al., appellants, v 957 Nassau Road, LLC, et al., respondents. (Index No. 13531/04)
| DECISION & ORDER ON MOTION |
Motion by the respondents to dismiss an appeal from a judgment of the Supreme Court, Nassau County, entered June 13, 2008, or to direct the appellants to 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 dismiss the appeal or to direct the appellants to file a supplemental appendix is denied without prejudice to the respondents filing an appendix (see CPLR 5528[b]); and it is further,
ORDERED that the branch of the motion which is to enlarge the respondents' time to serve and file a brief is granted, the respondents' time to serve and file a brief is enlarged until March 30, 2009, and the respondents' brief must be served and filed on or before that date.
SPOLZINO, J.P., FLORIO, MILLER and BELEN, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court