| Encarnacion v Smith |
| Motion No: 2009-02887 |
| Slip Opinion No: 2009 NY Slip Op 81868(U) |
| Decided on August 28, 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
M91352
E/sl
STEVEN W. FISHER, J.P.
MARK C. DILLON
JOSEPH COVELLO
RANDALL T. ENG, JJ.
|
2009-02887 Jessica Encarnacion, respondent, v Kristine M. Smith, et al., defendants, GC Alarm, Inc., et al., appellants. (Index No. 39936/04)
| DECISION & ORDER ON MOTION |
Motion by the respondent to enlarge the record on an appeal from an order of the Supreme Court, Kings County, dated February 13, 2008, to include certain medical records and a physicians report. Application by the respondent pursuant to 22 NYCRR 670.8(d)(2) 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, and upon the application, it is
ORDERED that the motion is denied; and it is further,
ORDERED that the application is granted, the respondent's time to serve and file a brief is enlarged until September 29, 2009, and the respondent's brief must be served and filed on or before that date.
FISHER, J.P., DILLON, COVELLO and ENG, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court