Wassertheil v Elburg, LLC
Motion No: 2011-07362
Slip Opinion No: 2011 NY Slip Op 93957(U)
Decided on December 29, 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

M130951

E/sl

REINALDO E. RIVERA, J.P.

SHERI S. ROMAN

SANDRA L. SGROI

JEFFREY A. COHEN, JJ.

2011-07362

David Wassertheil, appellant,

v Elburg, LLC, defendant, Encore

Development, Inc., respondent.

(Index No. 11570/09)

DECISION & ORDER ON MOTION

Motion by the respondent to enlarge the time to serve and file a brief and appendix containing a sur-reply affirmation on an appeal from an order of the Supreme Court, Kings County, dated June 29, 2011.

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

ORDERED that the motion is granted, the respondent's time to serve and file a brief and appendix containing the sur-reply affirmation is enlarged until January 19, 2012, and the respondent's brief and appendix containing the sur-reply affirmation must be served and filed on or before that date.

RIVERA, J.P., ROMAN, SGROI and COHEN, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court