Rocky Point Drive-In, L.P. v Town of Brookhaven
Motion No: 2010-01714
Slip Opinion No: 2010 NY Slip Op 89704(U)
Decided on December 3, 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

M111838

P/sl

WILLIAM F. MASTRO, J.P.

REINALDO E. RIVERA

PETER B. SKELOS

ANITA R. FLORIO

MARK C. DILLON, JJ.

2010-01714

Rocky Point Drive-In, L.P., respondent-appellant,

v Town of Brookhaven, appellant-respondent.

(Index No. 30047-02)

DECISION & ORDER ON MOTION

Appeal and cross appeal from a judgment of the Supreme Court, Suffolk County, entered January 22, 2010.

On the Court's own motion, it is

ORDERED that the appellant-respondent's time to perfect the appeal is enlarged until January 4, 2011, and the joint record or appendix on the appeal (see 22 NYCRR 670.8[c][1]) and the appellant-respondent's brief must be served and filed on or before that date; and it is further,

ORDERED that the respondent-appellant shall serve and file the answering brief, including the points of argument on the cross appeal, in accordance with the rules of this Court (see 22 NYCRR 670.8[c][3]).

MASTRO, J.P., RIVERA, SKELOS, FLORIO and DILLON, JJ., concur.

ENTER:

Matthew G. Kiernan

Clerk of the Court