Andrews v Modell
Motion No: 2009-06977
Slip Opinion No: 2010 NY Slip Op 73970(U)
Decided on June 10, 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

M104056

E/sl

MARK C. DILLON, J.P.

HOWARD MILLER

RANDALL T. ENG

CHERYL E. CHAMBERS, JJ.

2009-06977

Phyllis Andrews, et al., appellants-respondents,

v Arthur Modell, respondent-appellant.

(Index No. 07-4170)

DECISION & ORDER ON MOTION

Motion by the appellants-respondents to enlarge the time to perfect an appeal from an order of the Supreme Court, Westchester County, dated June 29, 2009.

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 the appellants-respondents' time to perfect the appeal is enlarged until July 6, 2010, and the joint record or appendix on appeal (see 22 NYCRR 670.8[c][1]) and the appellants-respondents' brief must be served and filed on or before that date; and it is further,

ORDERED that no further enlargement of time shall be granted; and it is further,

ORDERED that the respondent-appellant shall serve and file his answering brief, including his points of argument on the cross appeal, in accordance with the rules of this court (see 22 NYCRR 670.8[c][3]).

DILLON, J.P., MILLER, ENG and CHAMBERS, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court