| Marsicano v Fabrizio |
| Motion No: 2008-04661 |
| Slip Opinion No: 2009 NYSlipOp 66384(U) |
| Decided on March 12, 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
M83721
E/cb
FRED T. SANTUCCI, J.P.
ANITA R. FLORIO
JOSEPH COVELLO
THOMAS A. DICKERSON, JJ.
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2008-04661 DECISION & ORDER ON MOTION Thomas P. Marsicano, plaintiff-respondent, v Felix F. Fabrizio, appellant, Domenick Depergola, defendant-respondent. (Index No. 101968/06)
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Motion by the plaintiff-respondent to enlarge the time to serve and file a brief on an appeal from an order of the Supreme Court, Richmond County, March 31, 2008, and to adjourn the oral argument scheduled for March 13, 2009.
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 branch of the motion which is to enlarge the time to serve and file a brief is granted, and the plaintiff-respondent's brief submitted to the Clerk of the court is accepted for filing; and it is further,
ORDERED that the appellant shall serve and file a reply brief, if any, on or before March 25, 2009; and it is further,
ORDERED that the motion is otherwise denied.
SANTUCCI, J.P., FLORIO, COVELLO and DICKERSON, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court