White v Priester
Motion No: 2009-03566
Slip Opinion No: 2010 NY Slip Op 71879(U)
Decided on May 19, 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

M103061

E/sl

STEVEN W. FISHER, J.P.

L. PRISCILLA HALL

LEONARD B. AUSTIN

SANDRA L. SGROI, JJ.

2009-03566

Melissa White, et al., respondents,

v Constance Priester, appellant.

(Index No. 5442/08)

DECISION & ORDER ON MOTION

Motion by the respondents on an appeal from an order of the Supreme Court, Kings County, dated February 24, 2009, in effect, to enlarge the record to include, inter alia, certain affidavits of service and excerpts of trial testimony, and 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, it is

ORDERED that the branch of the motion which is to enlarge the record is denied as unnecessary as to the affidavits of service and excerpts of trial testimony, as those documents are contained in the record on appeal, and that branch of the motion is otherwise denied; and it is further,

ORDERED that the branch of the motion which is to enlarge the time to serve and file a brief is granted and the respondents' time to serve and file a brief is enlarged until June 17, 2010, and the respondents' brief shall be served and filed on or before that date.

FISHER, J.P., HALL, AUSTIN and SGROI, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court