Morales v Inzerra
Motion No: 2011-05291
Slip Opinion No: 2012 NY Slip Op 61908(U)
Decided on January 23, 2012
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

M131953

E/sl

MARK C. DILLON, J.P.

JOHN M. LEVENTHAL

ARIEL E. BELEN

PLUMMER E. LOTT, JJ.

2011-05291

Juan Morales, appellant,

v Josephine Inzerra, respondent.

(Index No. 2821-07)

DECISION & ORDER ON MOTION

Motion by the respondent to dismiss an appeal from a judgment of the Supreme Court, Suffolk County, dated March 15, 2011, on the grounds that the trial transcript was not settled and that the appellant's appendix is inadequate, or alternatively, to enlarge the time to serve and file a 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 which is to enlarge the respondent's time to serve and file a brief is granted, the respondent's time to serve and file a brief is enlarged until March 5, 2012, and the respondent's brief must be served and filed on or before that date; and it is further,

ORDERED that the motion is otherwise denied.

DILLON, J.P., LEVENTHAL, BELEN and LOTT, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court