32nd Avenue, LLC v Angelo Holding Corp.
Motion No: 2010-01668
Slip Opinion No: 2011 NY Slip Op 64949(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.


Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M115962

E/sl

JOSEPH COVELLO, J.P.

L. PRISCILLA HALL

JEFFREY A. COHEN

ROBERT J. MILLER, JJ.

2010-01668

32nd Avenue, LLC, plaintiff-respondent,

v Angelo Holding Corp., et al., defendants-

respondents, Higgins Ave., LLC, et al.,

appellants-respondents, Chinatrust Bank

(USA), respondent-appellant

(and a third-party action).

(Index No. 473/06)

DECISION & ORDER ON MOTION

Motion by Chinatrust Bank (USA) to enlarge the record on an appeal and cross appeal from an order of the Supreme Court, Queens County, dated January 6, 2010, to include an order of the United States District Court, Eastern District of New York, dated October 22, 2010. Separate motion by 32nd Avenue, LLC, to enlarge the time to serve and file a brief.

Upon the papers filed in support of the motions and no papers having been filed in opposition or in relation thereto, it is

ORDERED that the motion to enlarge the record is denied; and it is further,

ORDERED that the motion to enlarge the time of 32nd Avenue, LLC, to serve and file a brief is granted, the time of 32nd Avenue, LLC, to serve and file a brief is enlarged until March 25, 2011, and the brief of 32nd Avenue, LLC, must 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