Bread & Butter, LLC, d/b/a BK Sweeney's v Certain Unde
Motion No: 2009-05334
Slip Opinion No: 2010 NY Slip Op 65929(U)
Decided on March 18, 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.


Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M100078

E/sl

STEVEN W. FISHER, J.P.

MARK C. DILLON

THOMAS A. DICKERSON

ARIEL E. BELEN, JJ.

2009-05334

Bread & Butter, LLC, d/b/a BK Sweeney's,

respondent, v Certain Underwriters at Lloyd's,

London, appellant.

(Index No. 5379/08)

DECISION & ORDER ON MOTION

Motion by the respondent, inter alia, to dismiss an appeal from an order of the Supreme Court, Nassau County, entered April 10, 2009, on the ground that the appellant's appendix 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, the respondent's time to serve and file a brief is enlarged until April 19, 2010, and the respondent's brief must be served and filed on or before that date; and it is further,

ORDERED that the motion is otherwise denied.

FISHER, J.P., DILLON, DICKERSON and BELEN, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court