| Darras v Romans |
| Motion No: 2010-03244 |
| Slip Opinion No: 2011 NY Slip Op 62801(U) |
| Decided on February 1, 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
M114779
E/ct
MARK C. DILLON, J.P.
JOSEPH COVELLO
ANITA R. FLORIO
L. PRISCILLA HALL, JJ.
|
2010-03244 Helen Darras, plaintiff-respondent, v Patricia Romans, et al., defendants- respondents, Geraldine Gallo, appellant. (Index No. 10087/08)
| DECISION & ORDER ON MOTION |
Motion by the respondent Frank Darras on an appeal from an order of the Supreme Court, Suffolk County, dated January 21, 2010, inter alia, to dismiss the appeal from stated portions of the order on the ground that the appellant is not aggrieved by those portions of the order, or to enlarge the time to serve and file a brief. Cross motion by the appellant, in effect, for leave to file a separate reply brief of up to 7,000 words in response to the brief to be filed by the respondent Frank Darras and to enlarge the time to serve and file a reply brief in response to the brief to be filed by the respondent Frank Darras.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, and upon the papers filed in support of the cross motion and the papers filed in opposition thereto, it is
ORDERED that the branch of the motion which is to dismiss the appeal from stated portions of the order is denied without prejudice to Frank Darras raising the issue in his brief; 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, the time of Frank Darras to serve and file a brief is enlarged until February 16, 2011, and the brief of Frank Darras must be served and filed on or before that date; and it is further,
ORDERED that no further enlargement of time shall be granted; and it is further,
ORDERED that the motion is otherwise denied; and it is further,
ORDERED that the branch of the cross motion, in effect, for leave to file a separate reply brief of up to 7,000 words in response to the brief to be filed by the respondent Frank Darras is granted; and it is further,
ORDERED that the branch of the cross motion which is to enlarge the time to serve and file a reply brief in response to the brief to be filed by the respondent Frank Darras is granted and the reply brief, if any, shall be filed on or before March 9, 2011.
DILLON, J.P., COVELLO, FLORIO and HALL, JJ., concur.
ENTER:
Matthew G. Kiernan
Clerk of the Court