Waynes v BJ's Wholesale Club, Inc.
Motion No: 2011-01033
Slip Opinion No: 2011 NY Slip Op 90484(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

M129143

E/sl

MARK C. DILLON, J.P.

RANDALL T. ENG

JOHN M. LEVENTHAL

LEONARD B. AUSTIN, JJ.

2011-01033

Eudora Waynes, appellant,

v BJ's Wholesale Club, Inc., etc.,

et al., respondents.

(Index No. 1758/09)

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 29, 2011, on an appeal from an order of the Supreme Court, Nassau County, entered December 14, 2010.

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 the motion is granted, on or before December 22, 2011, the appellant shall serve and file a replacement record that does not contain the material stricken from the record by the decision and order on motion dated August 29, 2011, and a replacement brief that does not refer to said material; and it is further,

ORDERED that no further enlargement of time shall be granted.

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

ENTER:

Matthew G. Kiernan

Clerk of the Court