Martin v Burns
Motion No: 2009-02377
Slip Opinion No: 2011 NY Slip Op 60388(U)
Decided on January 6, 2011
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

M113703

E/sl

MARK C. DILLON, J.P.

RUTH C. BALKIN

ARIEL E. BELEN

PLUMMER E. LOTT, JJ.

2009-02377

Craig Martin, plaintiff-appellant, v George Burns,

respondent; Arthur Morrison, nonparty-appellant.

(Index No. 08-16282)

DECISION & ORDER ON MOTION

Motion by the nonparty-appellant on an appeal from an order and judgment (one paper) of the Supreme Court, Westchester County, entered February 18, 2009, which was determined by a decision and order dated October 5, 2010, to extend his time to respond to an order to show cause contained in the decision and order dated October 5, 2010.

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

ORDERED that the motion is granted, and the decision and order of this Court dated October 5, 2010, is amended by deleting from the second decretal paragraph thereof the date "November 5, 2010," and substituting therefor the date "January 21, 2011," so that the nonparty-appellant's time to file an original and four copies of an affirmation or affidavit with the Clerk of this Court and serve one copy on the other party is extended until January 21, 2011.

DILLON, J.P., BALKIN, BELEN and LOTT, JJ., concur.

ENTER:

Matthew G. Kiernan

Clerk of the Court