| Luma v Cupid |
| Motion No: 2010-08669 |
| Slip Opinion No: 2011 NY Slip Op 61852(U) |
| Decided on January 20, 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. |
Appellate Division: Second Judicial Department
M114357
J/sl
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2010-08669 ORDER ON APPLICATION Darneese Luma, appellant, v Justin J. Cupid, respondent, et al., defendant. (Index No. 38515/06)
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ORDERED that the order on application of this Court, dated January 19, 2011, in the above-entitled matter, is recalled and vacated and the following order on application is substituted therefor:
Application by the respondent pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to serve and file a brief on an appeal from an order of the Supreme Court, Kings County, dated July 21, 2010.
Upon the papers filed in support of the application and the papers filed in opposition thereto, it is
ORDERED that the application is denied as academic as the respondent's brief was timely filed on January 14, 2011.
ENTER:
Matthew G. Kiernan
Clerk of the Court