| Matter of Agoglia v Benepe |
| Motion No: 2009-04400 |
| Slip Opinion No: 2010 NY Slip Op 71572(U) |
| Decided on May 14, 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
M102885
E/sl
MARK C. DILLON, J.P.
RUTH C. BALKIN
ARIEL E. BELEN
PLUMMER E. LOTT, JJ.
|
2009-04400 In the Matter of James Agoglia, appellant, et al., petitioners, v Adrian Benepe, et al., respondents. (Index No. 20040/06)
| DECISION & ORDER ON MOTION |
Motion by the respondents Adrian Benepe and New York City Department of Parks and Recreation to direct the appellant to serve and file a supplemental record on an appeal from an order and judgment (one paper) of the Supreme Court, Queens County, entered March 18, 2009, and 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, it is
ORDERED that the motion is granted; and it is further,
ORDERED that on or before May 28, 2010, the appellant shall remove pages 215 through 243 from the copies of the record on appeal filed with the Clerk of the court and serve and file a supplemental record consisting of complete copies of Exhibits F and G to the affirmation of Peter M. Kutil dated December 5, 2006; and it is further,
ORDERED that the movants' time to serve and file a brief is enlarged until June 18, 2010, and the movants' brief must be served and filed on or before that date.
DILLON, J.P., BALKIN, BELEN and LOTT, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court