| Lucas v ZCH Corp. |
| Motion No: 2010-10397 |
| Slip Opinion No: 2011 NY Slip Op 77422(U) |
| Decided on July 1, 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
M122568
E/sl
PETER B. SKELOS, J.P.
RANDALL T. ENG
LEONARD B. AUSTIN
SANDRA L. SGROI, JJ.
|
2010-10397 Robert G. Lucas, et al., respondents, v ZCH Corp., et al., appellants, et al., defendants. (Index No. 13322/09)
| DECISION & ORDER ON MOTION |
Motion by the respondents to dismiss an appeal from an order of the Supreme Court, Kings County, dated August 26, 2010, on the ground that the record on appeal is inadequate, or, alternatively, 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 dismiss the appeal is denied on condition that on or before July 22, 2011, the appellants serve and file a supplemental record containing the transcript of a hearing that occurred in the above-entitled action on June 22, 2010; and it is further,
ORDERED that the branch of the motion which is to enlarge the respondents' 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.
SKELOS, J.P., ENG, AUSTIN and SGROI, JJ., concur.
ENTER:
Matthew G. Kiernan
Clerk of the Court