| Rivers v Birnbaum |
| Motion No: 2010-11646 |
| Slip Opinion No: 2011 NY Slip Op 70410(U) |
| Decided on April 20, 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
M118964
J/sl
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2010-11646 ORDER ON APPLICATION Joanne Berrouet Rivers, et al., appellants- respondents, v Eliot L. Birnbaum, etc., et al., respondents, Kim Rosary Decastro, etc., respondent-appellant. (Index No. 26729-08)
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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 an order of the Supreme Court, Suffolk County, dated October 18, 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 denied as premature as the appellants-respondents have not perfected the appeal.
ENTER:
Matthew G. Kiernan
Clerk of the Court