| Baxter v Javier |
| Motion No: 2010-11568 |
| Slip Opinion No: 2011 NY Slip Op 78494(U) |
| Decided on July 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. |
Appellate Division: Second Judicial Department
M123092
J/sl
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2010-11568 ORDER ON APPLICATION Robert C. Baxter, appellant-respondent, v Mark Javier, et al., respondents-appellants. (Index No. 8806-00)
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Application by the appellant-respondent pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect an appeal from an order of the Supreme Court, Suffolk County, dated October 18, 2010.
Upon the papers filed in support of the application and no papers having been filed in opposition or in relation thereto, it is
ORDERED that the application is granted to the extent that the appellant-respondent's time to perfect the appeal is enlarged until August 29, 2011, the joint record or appendix on appeal (see 22 NYCRR 670.8[c][1]) and the appellant-respondent's brief must be served and filed on or before that date, and the application is otherwise denied; and it is further,
ORDERED that the respondents-appellants shall serve and file their answering brief, including their points of argument on the cross appeal, in accordance with the rules of the Court (see 22 NYCRR 670.8[c][3]).
ENTER:
Matthew G. Kiernan
Clerk of the Court