Nostrom v County of Suffolk
Motion No: 2010-09236
Slip Opinion No: 2011 NY Slip Op 90462(U)
Decided on November 22, 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

M129141

E/sl

MARK C. DILLON, J.P.

RANDALL T. ENG

JOHN M. LEVENTHAL

LEONARD B. AUSTIN, JJ.

2010-09236

Warren J. Nostrom, appellant,

v County of Suffolk, et al., respondents.

(Index No. 27038-02)

DECISION & ORDER ON MOTION

Motion by the appellant to extend the time to comply with a decision and order on motion of this Court dated August 2, 2011, on an appeal from an order of the Supreme Court, Suffolk County, dated August 2, 2010.

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

ORDERED that the motion is granted, and the branch of the respondents' prior motion which was to dismiss the appeal is denied on condition that on or before December 22, 2011, the appellant serve and file a supplemental record containing (1) the appellant's opposition to the motion that was determined by the order dated August 2, 2010, (2) the reply affirmation filed in connection with that motion, and (3) the memoranda of law submitted by the parties and considered by the Supreme Court in connection with the motion; and it is further,

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

ORDERED that on the Court's own motion, the respondents' time to serve and file a brief is enlarged until January 23, 2012, and the respondents' brief, if any, must be served and filed on or before that date.

DILLON, J.P., ENG, LEVENTHAL and AUSTIN, JJ., concur.

ENTER:

Matthew G. Kiernan

Clerk of the Court