| Ortho-med Surgical Supply, Inc. As Assignee of Jose Colon v American Tr. Ins. Co. |
| Motion No: 2010-02859 qc |
| Slip Opinion No: 2011 NY Slip Op 89105(U) |
| Decided on October 25, 2011 |
| Appellate Term, 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. |
of the State of New York for the 2nd, 11th & 13th judicial Districts
MICHAEL L. PESCE, P.J.
MICHELLE WESTON
MARSHA L. STEINHARDT, JJ.
DECISION & ORDER ON MOTION
| Ortho-Med Surgical Supply, Inc. as Assignee of Jose Colon, Appellant-Respondent, v American Transit Insurance Co., Respondent-Appellant. |
Motion by respondent-appellant on an appeal and cross appeal from an order of the Civil Court of the City of New York, Queens County, entered October 13, 2010, to consolidate the appeal and cross appeal, and, in effect, for an enlargement of time to serve and file a respondent's brief.
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 seeking to consolidate the appeal and cross appeal is denied as unnecessary; and it is further,
ORDERED that the branch of the motion seeking, in effect, an enlargement of time to serve and file a respondent's brief is granted, and said brief shall be served and filed by respondent-appellant within 21 days of the date of this decision and order; and it is further,
ORDERED that appellant-respondent, if it be so advised, may serve and file a reply brief within 14 days of the date that the respondent's brief is due to be filed pursuant to this decision and order.
ENTER:
Paul Kenny
Chief Clerk