| Habib v Best Yet Market of Hicksville, Inc. |
| Motion No: 2011-09538 |
| Slip Opinion No: 2012 NY Slip Op 75928(U) |
| Decided on June 12, 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
M138965
E/sl
DANIEL D. ANGIOLILLO, J.P.
THOMAS A. DICKERSON
JOHN M. LEVENTHAL
ROBERT J. MILLER, JJ.
|
2011-09538 Nadia Habib, et al., appellants, v Best Yet Market of Hicksville, Inc., et al., defendants- respondents; Roy Mahon, etc., nonparty- respondent. (Index No. 11214/09)
| DECISION & ORDER ON MOTION |
Motion by the nonparty-respondent to dismiss an appeal from an order of the Supreme Court, Nassau County, dated August 3, 2011, for failure to properly serve him with the appellant's appendix and brief, or, in the alternative, 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 dismiss the appeal is denied on condition that on or before June 26, 2012, the appellants serve and file two copies of the appellant's appendix and brief on the nonparty-respondent in accordance with 22 NYCRR 670.9(b)(4), and 22 NYCRR 670.10.1(c); and it is further,
ORDERED that the branch of the motion which is to enlarge the nonparty-respondent's time to serve and file a brief is granted, the nonparty-respondent's time to serve and file a brief is enlarged until July 31, 2012, and the nonparty-respondent's brief must be served and filed on or before that date.
ANGIOLILLO, J.P., DICKERSON, LEVENTHAL and MILLER, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court