| Faulkner v City of New York |
| Motion No: 2009-09381 |
| Slip Opinion No: 2010 NY Slip Op 72382(U) |
| Decided on May 25, 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
M103388
E/sl
FRED T. SANTUCCI, J.P.
THOMAS A. DICKERSON
CHERYL E. CHAMBERS
LEONARD B. AUSTIN, JJ.
|
2009-09381 Vincent J. Faulkner, Jr., et al., appellants, v City of New York, et al., respondents. (Index No. 20550/04)
| DECISION & ORDER ON MOTION Motion to Dismiss Appeal |
Motion by the respondent Jack's Insulation Contracting Corp. to dismiss an appeal from a judgment of the Supreme Court, Queens County, entered August 5, 2009, on the ground that the record on appeal is inadequate, or for leave to file an appendix and to enlarge its 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 on the court's own motion, the record on appeal is deemed to be an appellants' appendix; and it is further,
ORDERED that the branch of the motion which is to dismiss the appeal is denied; and it is further,
ORDERED that the branch of the motion which is for leave to file an appendix is denied as unnecessary (see CPLR 5528[b]); and it is further,
ORDERED that the branch of the motion which is to enlarge the time of Jack's Insulation Contracting Corp. to serve and file a brief is granted, the time of Jack's Insulation Contracting Corp. to serve and file a brief is enlarged until June 23, 2010, and the brief of Jack's Insulation Contracting Corp. must be served and filed on or before that date.
SANTUCCI, J.P., DICKERSON, CHAMBERS and AUSTIN, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court