| Viola v Giordano |
| Motion No: 2009-09402 |
| Slip Opinion No: 2010 NY Slip Op 76140(U) |
| Decided on July 2, 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
M105176
E/sl
HOWARD MILLER, J.P.
L. PRISCILLA HALL
LEONARD B. AUSTIN
SHERI S. ROMAN, JJ.
|
2009-09402 Anthony Viola, etc., et al., respondents-appellants, v Robert Giordano, et al., appellants-respondents. (Index No. 3877/09)
| DECISION & ORDER ON MOTION |
Motion by the respondents-appellants on appeals and a cross appeal from an order of the Supreme Court, Nassau County, dated August 20, 2009, to dismiss the appeals on the ground that the joint record on appeal is inadequate, or for leave to file a supplemental record, and to enlarge their time to serve and file an answering brief, including points of argument on the cross appeal (see 22 NYCRR 670.8[c][3]).
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 enlarge the respondents-appellants' time to serve and file an answering brief, including points of argument on the cross appeal (see 22 NYCRR 670.8[c][3]) is granted, and the respondents-appellants shall serve and file their answering brief, including the points of argument on the cross appeal, on or before August 2, 2010 (see 22 NYCRR 670.8[c][3]); and it is further,
ORDERED that the motion is otherwise denied.
MILLER, J.P., HALL, AUSTIN and ROMAN, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court