Griffon V, LLC v 11 East 36th, LLC
Motion No: 2010-06824
Slip Opinion No: 2011 NY Slip Op 70053(U)
Decided on April 14, 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

M118699

E/sl

DANIEL D. ANGIOLILLO, J.P.

ANITA R. FLORIO

PLUMMER E. LOTT

LEONARD B. AUSTIN, JJ.

2010-06824

Griffon V, LLC, etc., appellant,

v 11 East 36th, LLC, et al., respondents.

(Index No. 22614/09)

DECISION & ORDER ON MOTION

Motion by the appellant on an appeal from an order of the Supreme Court, Nassau County, entered June 4, 2010, inter alia, in effect, to withdraw the record and brief previously filed in this Court and to serve and file a replacement record and brief.

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

ORDERED that the branch of the motion which is, in effect, to withdraw the record and brief previously filed in this Court and to serve and file a replacement record and brief is granted, the appellant's record and brief which were filed on December 23, 2010, are deemed withdrawn, and on or before April 28, 2011, the appellant shall serve and file the replacement record and brief; and it is further,

ORDERED that the respondents shall serve and file their brief and the appellant shall serve and file a reply brief, if any, in accordance with the rules of the Court (see 22 NYCRR 670.8[b]); and it is further,

ORDERED that the motion is otherwise denied as unnecessary.

ANGIOLILLO, J.P., FLORIO, LOTT and AUSTIN, JJ., concur.

ENTER:

Matthew G. Kiernan

Clerk of the Court