Dunnaville v Metropolitan Transit Authority of City of Ne
Motion No: 2008-10411
Slip Opinion No: 2009 NY Slip Op 73413(U)
Decided on May 27, 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

M87219

E/cb

REINALDO E. RIVERA, J.P.

HOWARD MILLER

RUTH C. BALKIN

LEONARD B. AUSTIN, JJ.

2008-10411

Cynthia Dunnaville, et al., appellants,

v Metropolitan Transit Authority of City

of New York, et al., respondents.

(Index No. 28435/04)

DECISION & ORDER ON MOTION

Motion by the appellants to omit the respondents' trial exhibits from the record on an appeal from a judgment of the Supreme Court, Queens County, entered November 6, 2008, and to enlarge the time to perfect the appeal.

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

ORDERED that the motion is granted; and it is further,

ORDERED that the exhibits shall be filed when the appeal is perfected (see 22 NYCRR 670.10.2[b][6][i]); and it is further,

ORDERED that the appellant's time to perfect the appeal is enlarged until July 27, 2009, and the record or appendix on the appeal and the appellant's brief must be served and filed on or before that date.

RIVERA, J.P., MILLER, BALKIN and AUSTIN, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court