Freight Brokers Global Services, Inc. v Molfetta
Motion No: 2009-11519
Slip Opinion No: 2011 NY Slip Op 68860(U)
Decided on April 4, 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

M118032

E/ct

PETER B. SKELOS, J.P.

ARIEL E. BELEN

PLUMMER E. LOTT

JEFFREY A. COHEN, JJ.

2009-11519

Freight Brokers Global Services, Inc., appellant,

v Robert L. Molfetta, et al., respondents, et al.,

defendants.

(Index No. 20341/05)

DECISION & ORDER ON MOTION

Motion by the respondents on an appeal from an order of the Supreme Court, Queens County, entered November 9, 2009, for leave to file a supplemental record containing an affirmation of Anthony J. Laura, submitted in connection with the underlying motion, with annexed Exhibits A through M. Cross motion by the appellant to strike the respondents' brief on the ground that it refers to matter dehors the record and to enlarge the time to serve and file a reply brief.

Upon the papers filed in support of the motion and the cross motion, and the papers filed in opposition thereto, it is

ORDERED that the motion is granted, and on or before April 18, 2011, the respondents shall serve and file a supplemental record containing the affirmation of Anthony J. Laura, submitted in connection with the underlying motion, with annexed Exhibits A through M; 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 is granted, the appellant's time to serve and file a reply brief is enlarged until April 28, 2011, and the reply brief must be served and filed on or before that date; and it is further,

ORDERED that the cross motion is otherwise denied.

SKELOS, J.P., BELEN, LOTT and COHEN, JJ., concur.

ENTER:

Matthew G. Kiernan

Clerk of the Court