Kinzelberg v Design Quest, Ltd.
Motion No: 2008-08672
Slip Opinion No: 2009 NY Slip Op 75635(U)
Decided on June 19, 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

M88199

E/sl

PETER B. SKELOS, J.P.

DANIEL D. ANGIOLILLO

RUTH C. BALKIN

ARIEL E. BELEN, JJ.

2008-08672

Steven Kinzelberg, appellant,

v Design Quest, Ltd., et al., respondents.

(Index No. 3783/07)

DECISION & ORDER ON MOTION

Motion by the respondent Richard Rubens to dismiss an appeal from an order of the Supreme Court, Nassau County, entered May 14, 2008, on the ground that the record on appeal is inadequate, and to impose a sanction upon the appellant. Cross motion by the appellant to impose a sanction upon the respondents pursuant to 22 NYCRR 130-1.1 and for an attorney's fee and an award of costs.

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

ORDERED that the motion and cross motion are denied; and it is further,

ORDERED that the respondents' time to serve and file a brief is enlarged until July 20, 2009, and the respondents brief must 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., ANGIOLILLO, BALKIN and BELEN, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court