| Winkler v Battery Trading, Inc. |
| Motion No: 2010-09174 |
| Slip Opinion No: 2011 NY Slip Op 82023(U) |
| Decided on August 25, 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
M124962
E/sl
WILLIAM F. MASTRO, J.P.
JOSEPH COVELLO
DANIEL D. ANGIOLILLO
JOHN M. LEVENTHAL, JJ.
|
2010-09174 Jerome Winkler, et al., respondents, v Battery Trading, Inc., et al., defendants, JPMorgan Chase Bank, N.A., as successor to Washington Mutual Bank, appellant. (Index No. 32341/09)
| DECISION & ORDER ON MOTION |
Motion by the appellant to enlarge the record on an appeal from an order of the Supreme Court, Kings County, dated June 25, 2010, to include a certain letter dated May 27, 2011, or alternatively, for the Court to take judicial notice of the letter. Application by the appellant pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to serve and file a reply brief.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, and 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 motion is denied; and it is further,
ORDERED that the application is granted and the reply brief shall be served and filed on or before September 15, 2011.
MASTRO, J.P., COVELLO, ANGIOLILLO and LEVENTHAL, JJ., concur.
ENTER:
Matthew G. Kiernan
Clerk of the Court