Rodriguez v City of New York
Motion No: 2009-03527
Slip Opinion No: 2009 NY Slip Op 78451(U)
Decided on July 20, 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

M89661

S/nl

FRED T. SANTUCCI, J.P.

DANIEL D. ANGIOLILLO

RUTH C. BALKIN

CHERYL E. CHAMBERS, JJ.

2009-03527

Marilyn Rodriguez, etc., et al., appellants,

v City of New York, et al., respondents.

(Index No. 15229/06)

DECISION & ORDER ON MOTION

Motion by the appellants on an appeal from an order of the Supreme Court, Kings County, dated March 13, 2009, inter alia, to enlarge the record on appeal to include the deposition testimony of Frank Di Franco and the affidavit of Kerry Yefet dated May 24, 2009, and to enlarge the time to serve and file a reply brief.

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 enlarge time is granted, the appellant's time to serve and file a reply brief is enlarged until July 28, 2009, and the reply brief must be served and filed on or before that date; and it is further,

ORDERED that the motion is otherwise denied.

SANTUCCI, J.P., ANGIOLILLO, BALKIN and CHAMBERS, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court