Menucha of Nyack, LLC v Fisher
Motion No: 2011-03886
Slip Opinion No: 2011 NY Slip Op 89026(U)
Decided on November 7, 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

M128398

S/sl

2011-03886, 2011-09625

Menucha of Nyack, LLC, appellant-respondent,

v Gregory P. Fisher, et al., respondents-appellants,

et al., defendant.

(Appeal No. 1)

Menucha of Nyack, LLC, appellant,

v Gregory P. Fisher, et al., respondents,

et al., defendant.

(Appeal No. 2)

(Index No. 08-11849)

ORDER ON APPLICATION

Application by Menucha of Nyack, LLC, pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect an appeal and cross appeal from an order of the Supreme Court, Rockland County, entered April 1, 2011, and an appeal from an order of the same court dated September 19, 2011.

Upon the papers filed in support of the application and the papers filed in opposition thereto, it is

ORDERED that the application is granted to the extent that the time to perfect the appeal from the order dated April 1, 2011, is enlarged until February 3, 2012, and the joint record or appendix on the appeal (see 22 NYCRR 670.8[c][1]) and the brief of Menucha of Nyack, LLC, must be served and filed on or before that date, and the application is otherwise denied as premature; and it is further,

ORDERED that the respondents-appellants shall serve and file the answering brief, including the points of argument on the cross appeal, in accordance with the rules of this Court (see 22 NYCRR 670.8[c][3]).

ENTER:

Matthew G. Kiernan

Clerk of the Court