| Kargbo-Turay v Beam Brothers Trucking, Inc. |
| Motion No: 2008-07089 |
| Slip Opinion No: 2009 NYSlipOp 67412(U) |
| Decided on March 24, 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
M84219
E/cb
REINALDO E. RIVERA, J.P.
ROBERT A. SPOLZINO
DANIEL D. ANGIOLILLO
RUTH C. BALKIN, JJ.
|
2008-07089 Kadi Kargbo-Turay, et al., respondents, v Beam Brothers Trucking, Inc., et al., appellants, et al., defendant. (Index No. 19639/07)
| DECISION & ORDER ON MOTION |
Motion by the respondents to dismiss an appeal from an order of the Supreme Court, Kings County, dated May 12, 2008, as untimely taken because service of the notice of appeal was improper. Application by the respondents pursuant to 22 NYCRR 670.8(d)(2) 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, and upon the application, it is
ORDERED that the motion is denied; and it is further,
ORDERED that the application is granted and the respondents' time to serve and file a brief is enlarged until April 24, 2009, and the respondents' brief must be served and filed on or before that date.
RIVERA, J.P., SPOLZINO, ANGIOLILLO and BALKIN, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court