| Matter of Borkowski v Bennett |
| Motion No: 2011-01092 |
| Slip Opinion No: 2011 NY Slip Op 84161(U) |
| Decided on September 20, 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
M126043
S/sl
A. GAIL PRUDENTI, P.J.
WILLIAM F. MASTRO
REINALDO E. RIVERA
PETER B. SKELOS
MARK C. DILLON, JJ.
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2011-01092 In the Matter of James W. Borkowski, petitioner- respondent, v Robert Bennett, et al., respondents- respondents, Andrew DeStefano, appellant; Pat Bonanno, et al., nonparty-respondents. (Index No. 2702/09)
| DECISION & ORDER ON MOTION |
On the Court's own motion, it is
ORDERED that the order on application of this Court dated September 16, 2011, in the above-entitled matter, which granted the application by the respondents-respondents to enlarge the time to serve and file a brief is recalled and vacated and the following decision and order on motion is substituted therefor:
Application by the respondents-respondents pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to serve and file a brief on an appeal from an order of the Supreme Court, Putnam County, dated January 24, 2011. Application by the respondents-respondents to withdraw their application to enlarge time.
Upon the papers filed in support of the applications and no papers having been filed in opposition or in relation thereto, it is
ORDERED that the application to enlarge the time to serve and file a brief is marked withdrawn; and it is further,
ORDERED that on the Court's own motion the appellant's time to serve and file a reply brief is enlarged until September 27, 2011, and the reply brief shall be served and filed on or before that date.
PRUDENTI, P.J., MASTRO, RIVERA, SKELOS and DILLON, JJ., concur.
ENTER:
Matthew G. Kiernan
Clerk of the Court