| Czernicki v Lawniczak |
| Motion No: 2011-07981 |
| Slip Opinion No: 2012 NY Slip Op 73205(U) |
| Decided on May 15, 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. |
Appellate Division: Second Judicial Department
M137781
E/nl
DANIEL D. ANGIOLILLO, J.P.
ANITA R. FLORIO
ARIEL E. BELEN
CHERYL E. CHAMBERS, JJ.
|
2011-07981 Pawel Czernicki, appellant, v Marek Lawniczak, respondent. (Index No. 30079/95)
| DECISION & ORDER ON MOTION |
Motion by the respondent to dismiss an appeal from an order of the Supreme Court, Kings County, dated June 24, 2011, on the ground that the appellant's brief raises issues which were decided in a previous appeal to this Court. Application by the respondent pursuant to 22 NYCRR 670.8(d)(2) 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, and upon the papers filed in support of the application and no papers having been filed in opposition or in relation thereto, it is
ORDERED that the motion is denied without prejudice to raising the argument in the respondent's brief; and it is further,
ORDERED that the application is granted and the respondent's time to serve and file a brief is enlarged until June 15, 2012, and the respondent's brief must be served and filed on or before that date.
ANGIOLILLO, J.P., FLORIO, BELEN and CHAMBERS, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court