Southwell v Middleton
Motion No: 2008-01032
Slip Opinion No: 2009 NYSlipOp 69600(U)
Decided on April 14, 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

M85146

E/cb

PETER B. SKELOS, J.P.

ANITA R. FLORIO

JOHN M. LEVENTHAL

L. PRISCILLA HALL, JJ.

2008-01032

Leroy Southwell, appellant-respondent,

v Reginald Middleton, et al., respondents-appellants,

Washington Mutual Bank, F.A., respondent.

(Index No. 2907/06)

DECISION & ORDER ON MOTION

Motion by the respondent to enlarge the time to serve and file a brief on an appeal and cross appeals from an order of the Supreme Court, Kings County, dated November 16, 2007.

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 motion is granted, the respondent's time to serve and file a brief is enlarged until April 27, 2009, and the respondent's brief shall be served and filed on or before that date; and it is further,

ORDERED that no further enlargement of time shall be granted.

SKELOS, J.P., FLORIO, LEVENTHAL and HALL, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court