BRK Properties, Inc. v Wagner Ziv Plumbing & Heating C
Motion No: 2010-07346
Slip Opinion No: 2011 NY Slip Op 77270(U)
Decided on June 30, 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

M122357

E/sl

MARK C. DILLON, J.P.

CHERYL E. CHAMBERS

LEONARD B. AUSTIN

JEFFREY A. COHEN, JJ.

2010-07346

BRK Properties, Inc., et al., appellants,

v Wagner Ziv Plumbing & Heating Corp.,

et al., respondents.

(Index No. 27536/06)

DECISION & ORDER ON MOTION

Motion by the respondents, inter alia, to direct the appellants to serve and file a supplemental appendix on an appeal from a judgment of the Supreme Court, Queens County, entered July 29, 2010, and to enlarge the time to serve and file a brief.

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

ORDERED that the branch of the motion which is to direct the appellants to serve and file a supplemental appendix is granted and on or before July 21, 2011, the appellants shall serve and file a supplemental appendix containing the verified complaint, amended answer with counterclaims, affidavit of service, verified reply to the counterclaims, and defendants' Exhibits A through I, consisting of 9 invoices; and it is further,

ORDERED that the branch of the motion which is to enlarge the time to serve and file a brief is granted, the respondents' time to serve and file a brief is enlarged until August 22, 2011, and the respondents' brief must be served and filed on or before that date; and it is further,

ORDERED that the motion is otherwise denied.

DILLON, J.P., CHAMBERS, AUSTIN and COHEN, JJ., concur.

ENTER:

Matthew G. Kiernan

Clerk of the Court