Sydnor v Home Depot U.S.A., Inc.
Motion No: 2008-10109
Slip Opinion No: 2009 NY Slip Op 86427(U)
Decided on October 21, 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

M93436

E/sl

RUTH C. BALKIN, J.P.

CHERYL E. CHAMBERS

L. PRISCILLA HALL

SHERI S. ROMAN, JJ.

2008-10109

Johnnie Sydnor, et al., appellants-respondents,

v Home Depot U.S.A., Inc., respondent-appellant,

Cecil G. Small, et al., respondents.

(Index No. 18756/05)

DECISION & ORDER ON MOTION

Motion by the appellants-respondents and the respondent-appellant to enlarge the time to perfect an appeal and cross appeal from an interlocutory judgment of the Supreme Court, Kings County, dated September 22, 2008.

ORDERED that the motion is granted; and it is further,

ORDERED that the appellants-respondents' time to perfect the appeal is enlarged until November 23, 2009, and the joint record or appendix on the appeal (see 22 NYCRR 670.8[c][1]) and the appellants-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; and it is further,

ORDERED that the respondent-appellant shall serve and file the answering brief, including the points of argument on the cross appeal, in accordance with the rules of this court (see 22 NYCRR 670.8[c][3]).

BALKIN, J.P., CHAMBERS, HALL and ROMAN, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court