Reich v Redley
Motion No: 2010-01663
Slip Opinion No: 2011 NY Slip Op 62852(U)
Decided on February 2, 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

M114901

E/ct

JOSEPH COVELLO, J.P.

CHERYL E. CHAMBERS

PLUMMER E. LOTT

JEFFREY A. COHEN, JJ.

2010-01663, 2010-11206

Alexander Reich, respondent,

v Dwight Redley, appellant,

et al., defendants.

(Index No. 4633/08)

DECISION & ORDER ON MOTION

Motion by the respondent to dismiss appeals from two orders of the Supreme Court, Kings County, dated December 9, 2009, and August 20, 2010, respectively, on the ground that the appellant's appendix and brief were not timely served. Application by the respondent pursuant to 22 NYCRR 670.8(d)(2) 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, and upon the papers filed in support of the application and no papers having been filed in opposition or in relation thereto, it is

ORDERED that the motion is denied; and it is further,

ORDERED that the application is granted, the respondent's time to serve and file a brief is enlarged until March 21, 2011, and the respondent's brief must be served and filed on or before that date.

COVELLO, J.P., CHAMBERS, LOTT and COHEN, JJ., concur.

ENTER:

Matthew G. Kiernan

Clerk of the Court