715 Ocean Parkway Owners Corporation v Klagsbrun
Motion No: 2008-06287
Slip Opinion No: 2009 NY Slip Op 75334(U)
Decided on June 17, 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

M88144

E/cb

PETER B. SKELOS, J.P.

DANIEL D. ANGIOLILLO

RUTH C. BALKIN

ARIEL E. BELEN, JJ.

2008-06287

715 Ocean Parkway Owners Corporation,

appellant-respondent, v Seymour Klagsbrun,

respondent-appellant.

(Index No. 42081/03)

DECISION & ORDER ON MOTION

Motion by the respondent-appellant to supplement the record on an appeal and cross appeal from a judgment of the Supreme Court, Kings County, dated May 28, 2008, to include a certain letter dated May 28, 2008, and, in effect, to enlarge the time to serve and file an answering brief including his points of argument on the cross appeal (see 22 NYCRR 670.8[c][3]).

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

ORDERED that the branch of the motion which is to supplement the record is denied; and it is further,

ORDERED that the branch of the motion which is to enlarge the time to serve and file the answering brief is granted, and the answering brief including the points of argument on the cross appeal (see 22 NYCRR 670.8[c][3]), shall be served abn filed on or before July 17, 2009; and it is further,

ORDERED that no further enlargement of time shall be granted.

SKELOS, J.P., ANGIOLILLO, BALKIN and BELEN, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court