Ballatore v HUB Truck Rental Corp.
Motion No: 2010-03472
Slip Opinion No: 2010 NY Slip Op 84534(U)
Decided on October 8, 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

M109297

J/sl

2010-03472

ORDER ON APPLICATION

Francesco Ballatore, et al., appellants-respondents,

v HUB Truck Rental Corp., et al., respondent-

appellant, David C. Butler, et al., respondents.

(Index No. 27023-05)

Application by the respondent-appellant pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect its cross appeal from an order of the Supreme Court, Suffolk County, dated January 4, 2010.

Upon the papers filed in support of the application and no papers having been filed in opposition or in relation thereto, it is

ORDERED that the application is denied as premature as the appellants-respondents' time to perfect the appeal does not expire until November 4, 2010.

ENTER:

Matthew G. Kiernan

Clerk of the Court