Coleman v Coker
Motion No: 2008-07582
Slip Opinion No: 2009 NY Slip Op 73777(U)
Decided on June 1, 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

M87399

E/sl

MARK C. DILLON, J.P.

FRED T. SANTUCCI

JOSEPH COVELLO

JOHN M. LEVENTHAL, JJ.

2008-07582

Shonette Coleman, et al., appellants,

v Patrick E. Coker, et al., respondents.

(Index No. 6523/07)

DECISION & ORDER ON MOTION

Motion by the respondents to dismiss an appeal from an order of the Supreme Court, Kings County, dated February 8, 2008, on the ground that it was untimely taken (see CPLR 5513). Application by the appellants pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to serve and file a reply brief.

Upon the papers filed in support of the motion and no papers having been filed in opposition or in relation 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 reply brief shall be served and filed on or before June 11, 2009.

DILLON, J.P., SANTUCCI, COVELLO and LEVENTHAL, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court