Caliendo v Ellington
Motion No: 2010-08436
Slip Opinion No: 2011 NY Slip Op 84817(U)
Decided on September 26, 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.


Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M125783

E/sl

DANIEL D. ANGIOLILLO, J.P.

THOMAS A. DICKERSON

L. PRISCILLA HALL

JEFFREY A. COHEN, JJ.

2010-08436

Renee Caliendo, respondent,

v Robert Ellington, et al., appellants.

(Index No. 25099/07)

DECISION & ORDER ON MOTION

Motion by the respondent to direct the appellants to serve and file a supplemental appendix containing the trial exhibits on an appeal from a judgment of the Supreme Court, Kings County, entered August 10, 2010, and to enlarge the time to serve and file a brief.

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 on the Court's own motion, on or before October 17, 2011, the appellants are directed to file all trial exhibits in their possession with the Clerk of this Court; and it is further,

ORDERED that the branch of the motion which is to enlarge the time to serve and file a brief is granted, the respondent's time to serve and file a brief is enlarged until October 26, 2011, and the respondent's brief must be served and filed on or before that date; and it is further,

ORDERED that the motion is otherwise denied.

ANGIOLILLO, J.P., DICKERSON, HALL and COHEN, JJ., concur.

ENTER:

Matthew G. Kiernan

Clerk of the Court