Appellate Division: Second Judicial Department

M126239

E/sl

DANIEL D. ANGIOLILLO, J.P.

THOMAS A. DICKERSON

ARIEL E. BELEN

SANDRA L. SGROI, JJ.

2010-01750 Egbert Square Realty, LLC, respondent, v 112-114 Corp., et al., appellants. (Index No. 10082/06)

DECISION & ORDER ON MOTION

Motion by the appellant 112-114 Corp., in effect, to enlarge the time to serve and file a brief on an appeal from an order of the Supreme Court, Richmond County, dated December 4, 2009, and to waive the requirements of 22 NYCRR 670.10.2(f) regarding certification of the record on appeal, and to waive the filing fee.

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, in effect, to enlarge the time to serve and file a brief is granted, the time of the appellant 112-114 Corp. to serve and file a brief is enlarged until November 4, 2011, and the brief of the appellant 112-114 Corp. must be served and filed on or before that date; and it is further,

ORDERED that no further enlargement of time shall be granted; and it is further,

ORDERED that the respondent, if it be so advised, may serve and file a brief in response to the brief of the appellant 112-114 Corp. on or before December 9, 2011; and it is further,

ORDERED that the branch of the motion which is to waive the filing fee is denied as academic as the filing fee has been paid; and it is further,

ORDERED that the branch of the motion which is to waive the requirements of 22 NYCRR 670.10.2(f) regarding certification of the record on appeal is denied, and on or before October 31, 2011, the attorney for the appellant 112-114 Corp. shall file a certification in accordance with 22 NYCRR 670.10.2[f][1]).

ANGIOLILLO, J.P., DICKERSON, BELEN and SGROI, JJ., concur.

ENTER:

Matthew G. Kiernan

Clerk of the Court