| Hernandez v 35-55 73rd Street, LLC |
| Motion No: 2011-02642 |
| Slip Opinion No: 2011 NY Slip Op 73117(U) |
| Decided on May 18, 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
M120207
E/sl
A. GAIL PRUDENTI, P.J.
WILLIAM F. MASTRO
REINALDO E. RIVERA
PETER B. SKELOS
MARK C. DILLON, JJ.
|
2011-02642 Johanna Hernandez, plaintiff-respondent, v 35-55 73rd Street, LLC, appellant-respondent, A & S Tile & Marble, Inc., respondent-appellant. (Index No. 17631/08)
| DECISION & ORDER ON MOTION |
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, Queens County, dated February 8, 2011. Separate application by the plaintiff-respondent pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to serve and file a brief.
Upon the papers filed in support of the applications and no papers having been filed in opposition or in relation thereto, it is
ORDERED that the application by the respondent-appellant is granted and the respondent-appellant's time to serve and file a brief is enlarged until June 24, 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; and it is further,
ORDERED that on the Court's own motion, the respondent-appellant shall serve and file a supplemental joint record containing its notice of cross appeal at the same time as it serves and files its brief; and it is further,
ORDERED that the application by the plaintiff-respondent is denied as premature.
PRUDENTI, P.J., MASTRO, RIVERA, SKELOS and DILLON, JJ., concur.
ENTER:
Matthew G. Kiernan
Clerk of the Court