| U.S. Bank, N.A. v Russell |
| Motion No: 2008-10077 |
| Slip Opinion No: 2010 NY Slip Op 60762(U) |
| Decided on January 13, 2010 |
| 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
M97178
E/sl
STEVEN W. FISHER, J.P.
ANITA R. FLORIO
LEONARD B. AUSTIN
SANDRA L. SGROI, JJ.
|
2008-10077 U.S. Bank, N.A., etc., respondent, v Sherreth F. Russell, appellant, et al., defendants.
(Index No. 22322/06)
| DECISION & ORDER ON MOTION |
Motion by the appellant to enlarge the record on an appeal from an order of the Supreme Court, Queens County, entered October 24, 2008. 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 no papers having been filed in opposition or in relation thereto, and upon the application, it is
ORDERED that the branch of the motion which is to enlarge the record to include documents that are part of the original papers is denied as unnecessary; and it is further,
ORDERED that the motion is otherwise denied; and it is further,
ORDERED that the application is granted and the respondent's time to serve and file a brief is enlarged until February 16, 2010, and the respondent's brief must be served and filed on or before that date.
FISHER, J.P., FLORIO, AUSTIN and SGROI, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court