Witter v Daire
Motion No: 2009-05333
Slip Opinion No: 2010 NY Slip Op 76141(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.


Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M105172

E/sl

HOWARD MILLER, J.P.

L. PRISCILLA HALL

LEONARD B. AUSTIN

SHERI S. ROMAN, JJ.

2009-05333, 2009-07862

Sidney Waldon Witter, respondent,

v Mourad Daire, appellant.

(Index No. 08-6004)

DECISION & ORDER ON MOTION

Motion by the respondent, inter alia, to dismiss appeals from two orders of the Supreme Court, Westchester County, dated April 23, 2009, and August 5, 2009, respectively, on the ground that the record on appeal is inadequate and contains matter dehors the record, or 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 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 August 2, 2010, and the respondent's brief must be served and filed on or before that date; 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