| Yu Hui Chen v Chen Li Zhi |
| Motion No: 2009-11842 |
| Slip Opinion No: 2010 NY Slip Op 77214(U) |
| Decided on July 16, 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
M105782
S/sl
FRED T. SANTUCCI, J.P.
JOHN M. LEVENTHAL
CHERYL E. CHAMBERS
LEONARD B. AUSTIN, JJ.
|
2009-11842 Yu Hui Chen, appellant, v Chen Li Zhi, respondent. (Index No. 23416/07)
| DECISION & ORDER ON MOTION |
Motion by the appellant on an appeal from an order of the Supreme Court, Kings County, dated October 9, 2009, to withdraw the record and brief previously filed with the Clerk of this Court, and for leave to serve and file a replacement record and brief. Application by the respondent 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, and upon the application, it is
ORDERED that the motion is granted, the record and brief previously filed with the Clerk of this Court is deemed withdrawn, and on or before August 30, 2010, the appellant shall serve and file a replacement record and brief; and it is further,
ORDERED that the application to enlarge time is denied as premature.
SANTUCCI, J.P., LEVENTHAL, CHAMBERS and AUSTIN, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court