| Rocky Point Drive-In, L.P. v Town of Brookhaven |
| Motion No: 2010-01714 |
| Slip Opinion No: 2011 NY Slip Op 64943(U) |
| Decided on February 23, 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
M115864
E/sl
JOSEPH COVELLO, J.P.
L. PRISCILLA HALL
JEFFREY A. COHEN
ROBERT J. MILLER, JJ.
|
2010-01714 Rocky Point Drive-In, L.P., respondent-appellant, v Town of Brookhaven, appellant-respondent. (Index No. 30047-02)
| DECISION & ORDER ON MOTION |
Motion by the appellant-respondent on an appeal and cross appeal from a judgment of the Supreme Court, Suffolk County, entered January 22, 2010, to enlarge the time to perfect the appeal.
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 appellant-respondent's time to perfect the appeal is enlarged until March 9, 2011, and the joint record or appendix on the appeal (see 22 NYCRR 670.8[c][1]) and the appellant-respondent's brief 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 on the Court's own motion, the respondent-appellant's time to serve and file an answering brief, including the points of argument on the cross appeal (see 22 NYCRR 670.8[c][3]), is enlarged until April 8, 2011, and the answering brief shall be served and filed on or before that date.
COVELLO, J.P., HALL, COHEN and MILLER, JJ., concur.
ENTER:
Matthew G. Kiernan
Clerk of the Court
February 23, 2011