| Derby v Bitan |
| Motion No: 2010-01961 |
| Slip Opinion No: 2010 NY Slip Op 88702(U) |
| Decided on November 23, 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
M111062
E/sl
STEVEN W. FISHER, J.P.
ANITA R. FLORIO
JOHN M. LEVENTHAL
L. PRISCILLA HALL, JJ.
|
2010-01961 Colleen Derby, appellant, v Fabian Bitan, respondent. (Index No. 8748/07)
| DECISION & ORDER ON MOTION |
Motion by the respondent on an appeal from an order of the Supreme Court, Dutchess County, dated January 26, 2010, to dismiss the appeal on the ground that it has been rendered academic or pursuant to CPLR 5511, 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 dismiss the appeal is denied; and it is further,
ORDERED that the branch of the motion which is to enlarge the time to serve and file a brief is granted and the respondent's time to serve and file a brief is enlarged until December 14, 2010, and the respondent's brief must be served and filed on or before that date; and it is further,
ORDERED that no further enlargement of time shall be granted.
FISHER, J.P., FLORIO, LEVENTHAL and HALL, JJ., concur.
ENTER:
Matthew G. Kiernan
Clerk of the Court