Sidoti v Mayerson & Associates
Motion No: 2008-06460
Slip Opinion No: 2009 NYSlipOp 66842(U)
Decided on March 18, 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.


Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M83956

E/sl

STEVEN W. FISHER, J.P.

MARK C. DILLON

JOHN M. LEVENTHAL

CHERYL E. CHAMBERS, JJ.

2008-06460

Gregg M. Sidoti, appellant,

v Mayerson & Associates, et al.,

respondents.

(Index No. 07-23981)

DECISION & ORDER ON MOTION

Motion by the respondents to strike the record on an appeal from of an order of the Supreme Court, Westchester County, dated July 2, 2008, or for leave to file a supplemental record and to enlarge the time to serve and file a brief. Cross motion by the appellant for an award of costs and to impose a sanction upon the respondents pursuant to 22 NYCRR 130.

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

ORDERED that the branch of the motion which is to strike the record or for leave to serve and file a supplemental record is denied; 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 April 17, 2009, and the respondents' brief must be served and filed on or before that date; and it is further,

ORDERED that the cross motion is denied.

FISHER, J.P., DILLON, LEVENTHAL and CHAMBERS, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court