| Dune Deck Owners Corp. v J.J. & P. Associates Corp. |
| Motion No: 2009-08500 |
| Slip Opinion No: 2010 NY Slip Op 74819(U) |
| Decided on June 21, 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
M104610
E/sl
A. GAIL PRUDENTI, P.J.
REINALDO E. RIVERA
FRED T. SANTUCCI
HOWARD MILLER, JJ.
|
2009-08500 Dune Deck Owners Corp., et al., respondents, v J.J. & P. Associates Corp., et al., defendants; John P. Liggett, nonparty-appellant. (Index No. 14938-03)
| DECISION & ORDER ON MOTION |
Motion by the respondents to strike the appellant's brief on an appeal from an order of the Supreme Court, Suffolk County, dated July 28, 2009, to impose a sanction upon the appellant and/or his counsel, and to enlarge the 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 the branch of the motion which is to strike the appellant's brief is denied without prejudice to raising the arguments in the respondent's brief; and it is further,
ORDERED that the branch of the motion which is to impose a sanction upon the appellant and/or his counsel is denied; and it is further,
ORDERED that the branch of the motion which is to enlarge the respondents' time to serve and file a brief is granted, the respondents' time to serve and file a brief is enlarged until July 21, 2010, and the 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.
PRUDENTI, P.J., RIVERA, SANTUCCI and MILLER, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court