| McConnell v Santana |
| Motion No: 2009-10846 |
| Slip Opinion No: 2011 NY Slip Op 63200(U) |
| Decided on February 3, 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
M114954
E/sl
ANITA R. FLORIO, J.P.
THOMAS A. DICKERSON
CHERYL E. CHAMBERS
PLUMMER E. LOTT, JJ.
|
2009-10846 Geraldine Carr McConnell, etc., respondent, v Hiram Santana, et al., appellants. (Index No. 11945/02)
| DECISION & ORDER ON MOTION |
Motion by the respondent to dismiss an appeal from an order of the Supreme Court, Richmond County, dated October 5, 2009, on the ground that it has been rendered academic, or alternatively, 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, it is
ORDERED that the branch of the motion which is to dismiss the appeal is denied without prejudice to raising the issue in the respondent's 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 respondent's time to serve and file a brief is enlarged until March 7, 2011, and the respondent's brief must be served and filed on or before that date.
FLORIO, J.P., DICKERSON, CHAMBERS and LOTT, JJ., concur.
ENTER:
Matthew G. Kiernan
Clerk of the Court