Appellate Division: Second Judicial Department

M104510

E/sl

REINALDO E. RIVERA, J.P.

MARK C. DILLON

ANITA R. FLORIO

RUTH C. BALKIN, JJ.

2009-05889 Madison Physical Therapy, P.C., respondent, v 3311 Shore Parkway Corp., appellant, et al., defendant. (Index No. 43168/01)

DECISION & ORDER ON MOTION

Appeal by 3311 Shore Parkway Corp. from an order of the Supreme Court, Kings County, dated May 19, 2009. By decision and order on motion dated March 30, 2010, the court granted that branch of the respondent's motion which was to hold the appeal in abeyance pending determination by the Supreme Court, Kings County, of the respondent's motion for resettlement of an order of the same court dated December 21, 2009, and held in abeyance in the interim that branch of the respondent's motion which was to enlarge the respondent's time to serve and file a brief. The respondent's motion for resettlement was determined by an order of the Supreme Court, Kings County, dated April 30, 2010. Application by the respondent, in effect, to enlarge the record to include the order dated April 30, 2010, and "some documents from the reargument motion."

Upon the papers filed in support of the motion, inter alia, to enlarge the respondent's time to serve and file a brief and no papers having been filed in opposition or in relation thereto, and upon the application, it is

ORDERED that the branch of the motion which is to enlarge the respondent's time to serve and file a brief is granted, the respondent's time to serve and file a brief is enlarged until July 19, 2010, and the respondent's brief must be served and filed on or before that date; and it is further,

ORDERED that the application is denied without prejudice to making a motion for that relief.

RIVERA, J.P., DILLON, FLORIO and BALKIN, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court