| Francis v Leon D. Dematteis Associates, LLC |
| Motion No: 2010-02049 |
| Slip Opinion No: 2010 NY Slip Op 74965(U) |
| Decided on June 22, 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
M104629
E/sl
PETER B. SKELOS, J.P.
RANDALL T. ENG
L. PRISCILLA HALL
PLUMMER E. LOTT, JJ.
|
2010-02049 Carol Ann Francis, appellant-respondent, v Leon D. Dematteis Associates, LLC, et al., respondents-appellants, Hazardous Elimination Corp., et al., respondents. (Index No. 1442/05)
| DECISION & ORDER ON MOTION |
Appeal by Carol Ann Francis and cross appeal by Leon D. Dematteis Associates, LLC, Ry Management Co., Inc., and L.I.R.A. Apartments Co., L.P., from an order of the Supreme Court, Kings County, dated February 2, 2010. Application by the respondent Hazardous Elimination Corp. pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to serve and file a brief.
Now, on the court's own motion, and upon the application, it is
ORDERED that the cross appeal is dismissed, without costs or disbursements, for failure to timely serve and file an answering brief in accordance with the rules of this court (see 22 NYCRR 670.8[c][3]); and it is further,
ORDERED that the application is granted and the respondents' time to serve and file their briefs is enlarged until August 6, 2010, and the respondents' briefs must be served and filed on or before that date.
SKELOS, J.P., ENG, HALL and LOTT, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court