Pepin v Jani
Motion No: 2011-02990
Slip Opinion No: 2012 NY Slip Op 64629(U)
Decided on February 16, 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

M133389

E/sl

REINALDO E. RIVERA, J.P.

CHERYL E. CHAMBERS

LEONARD B. AUSTIN

SHERI S. ROMAN, JJ.

2011-02990

Bernadette Pepin, et al., plaintiffs/counterclaim

defendants-respondents-appellants, v Vina Jani,

defendant/counterclaim plaintiff-appellant-respondent;

BJML, Inc., counterclaim defendant respondent-appellant.

(Index No. 500015/09)

DECISION & ORDER ON MOTION

Motion by the appellant-respondent to strike the respondents-appellants' brief on an appeal and cross appeal from an order of the Supreme Court, Kings County, dated March 24, 2011, on the ground that the respondents-appellants failed to pay one half of the cost of the joint record, or, in the alternative, to enlarge the time to serve and file a reply brief.

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 branch of the motion which is to strike the respondents-appellants' brief is denied; and it is further,

ORDERED that the branch of the motion which is to enlarge the appellant-respondent's time to serve and file a reply brief is granted, the appellant-respondent's time to serve and file a reply brief is enlarged until March 1, 2012, and the appellant-respondent's reply brief must be served and filed on or before that date.

RIVERA, J.P., CHAMBERS, AUSTIN and ROMAN, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court