Nesbitt v Town of Poughkeepsie
Motion No: 2010-09300
Slip Opinion No: 2011 NY Slip Op 75810(U)
Decided on June 15, 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

M121583

J/sl

2010-09300

ORDER ON APPLICATION

Emory Nesbitt, et al., appellants,

v Town of Poughkeepsie, respondent.

(Index No. 1251/08)

Application by the respondent pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to serve and file a brief on an appeal from an order of the Supreme Court, Dutchess County, dated August 20, 2010. Application by the appellants to enlarge the time to serve and file a reply brief.

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

ORDERED that the application by the respondent is granted and the respondent's time to serve and file a brief is enlarged until July 5, 2011, and the respondent's brief must be served and filed on or before that date; and it is further,

ORDERED that the application by the appellants is denied as premature as the respondent has not served its brief.

ENTER:

Matthew G. Kiernan

Clerk of the Court