| 2339 Empire Management, LLC v 2329 Nostrand Realty, |
| Motion No: 2009-00365 |
| Slip Opinion No: 2009 NY Slip Op 78880(U) |
| Decided on July 23, 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
M89797
E/sl
MARK C. DILLON, J.P.
DANIEL D. ANGIOLILLO
THOMAS A. DICKERSON
RANDALL T. ENG, JJ.
|
2009-00365 2339 Empire Management, LLC, appellant, v 2329 Nostrand Realty, LLC, et al., respondents. (Index No. 12344/07)
| DECISION & ORDER ON MOTION |
Motion by the respondent 2329 Nostrand Realty, LLC, inter alia, on an appeal from an order of the Supreme Court, Kings County, dated April 7, 2008, to dismiss the appeal on the ground that the record on appeal is inadequate or to enlarge the time to serve and file a 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 the time to serve and file a brief is granted and the time of 2329 Nostrand Realty, LLC, to serve and file a brief is enlarged until August 12, 2009, and the brief of 2329 Nostrand Realty, LLC, must be served and filed on or before that date; and it is further,
ORDERED that the motion is otherwise denied; and it is further,
ORDERED that on the court's own motion, on or before August 12, 2009, the respondent 2329 Nostrand Realty, LLC, if it be so advised, may serve and file a supplemental record containing a letter from Darren Oved to the Honorable Bernadette Bayne, dated December 3, 2007.
DILLON, J.P., ANGIOLILLO, DICKERSON and ENG, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court