Rocky Point Drive-In, L.P. v Town of Brookhaven
Motion No: 2010-01714
Slip Opinion No: 2011 NY Slip Op 69105(U)
Decided on April 6, 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

M118115

J/sl

2010-01714

Rocky Point Drive-In, L.P., respondent-appellant,

v Town of Brookhaven, appellant-respondent.

(Index No. 30047-02)

ORDER ON APPLICATION

Application by the respondent-appellant pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to serve and file a brief on an appeal and cross appeal from a judgment of the Supreme Court, Suffolk County, entered January 22, 2010.

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 application is granted and the respondent-appellant's time to serve and file a brief is enlarged until May 9, 2011, and the respondent-appellant's brief, including the points of argument on the cross appeal (see 22 NYCRR 670.8[c][3]), must be served and filed on or before that date.

ENTER:

Matthew G. Kiernan

Clerk of the Court

April 6, 2011