| Rivers v Birnbaum |
| Motion No: 2010-11646 |
| Slip Opinion No: 2011 NY Slip Op 77341(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. |
Appellate Division: Second Judicial Department
M122434
E/sl
PETER B. SKELOS, J.P.
RANDALL T. ENG
LEONARD B. AUSTIN
SANDRA L. SGROI, JJ.
|
2010-11646 Joanne Berrouet Rivers, et al., appellants- respondents, v Eliot L. Birnbaum, etc., et al., respondents, Kim Rosary Decastro, etc., et al., respondents-appellants. (Index No. 26729-08)
| DECISION & ORDER ON MOTION |
Motion by the appellants-respondents on an appeal and cross appeal from an order of the Supreme Court, Suffolk County, dated October 18, 2010, to enlarge the time to perfect the appeal.
Upon the papers filed in support of the motion and no papers having been filed in opposition or in relation thereto, it is
ORDERED that the motion is granted to the extent that the appellants-respondents' time to perfect the appeal is enlarged until August 15, 2011, the joint record or appendix on the appeal (see 22 NYCRR 670.8[c][1]) and the appellants-respondents' brief must be served and filed on or before that date, and the motion is otherwise denied; and it is further,
ORDERED that no further enlargement of time shall be granted; and it is further,
ORDERED that the respondents-appellants shall serve and file the answering brief, including the points of argument on the cross appeal, in accordance with the rules of this Court (see 22 NYCRR 670.8[c][3]).
SKELOS, J.P., ENG, AUSTIN and SGROI, JJ., concur.
ENTER:
Matthew G. Kiernan
Clerk of the Court