| Kotara v City of New York |
| Motion No: 2008-11649 |
| Slip Opinion No: 2009 NY Slip Op 77901(U) |
| Decided on July 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. |
Appellate Division: Second Judicial Department
M89386
S/sl
|
2008-11649
Robert Kotara, plaintiff-respondent, v City of New York, et al., defendants-respondents, Drain Kleen Sewer Service, Inc., appellant.
(Index No. 18313/06)
| ORDER ON APPLICATION |
ORDERED that the order on application of this court dated July 8, 2009, in the above-entitled appeal is recalled and vacated and the following order on application is substituted therefor:
Application by the appellant pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to serve and file a reply brief on an appeal from an order of the Supreme Court, Kings County, dated November 14, 2008.
ORDERED that the application is denied as premature as the time of the respondent City of New York to serve and file a brief does not expire until July 20, 2009.
ENTER:
James Edward Pelzer
Clerk of the Court