| Rizzo v Kay |
| Motion No: 2009-07918 |
| Slip Opinion No: 2010 NY Slip Op 74181(U) |
| Decided on June 11, 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
M104193
E/sl
STEVEN W. FISHER, J.P.
PLUMMER E. LOTT
LEONARD B. AUSTIN
SANDRA L. SGROI, JJ.
|
2009-07918 Linda Rizzo, plaintiff-respondent, v Gideon Kay, etc., appellant, Joseph Maniscalco, etc., defendant-respondent. (Index No. 24608/06)
| DECISION & ORDER ON MOTION |
Motion by the plaintiff-respondent to strike stated portions of the appellant's brief on an appeal from a judgment of the Supreme Court, Queens County, dated July 22, 2009. Application by the appellant pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to serve and file a reply brief
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the motion is denied; and it is further,
ORDERED that the application is granted, the appellant's time to serve and file a reply brief is enlarged until June 30, 2010, and the reply brief must be served and filed on or before that date.
FISHER, J.P., LOTT, AUSTIN and SGROI, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court