Vittiglio v Gaurino
Motion No: 2011-10597
Slip Opinion No: 2012 NY Slip Op 80749(U)
Decided on August 7, 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

M141745

H/ct

RUTH C. BALKIN, J.P.

CHERYL E. CHAMBERS

LEONARD B. AUSTIN

JEFFREY A. COHEN, JJ.

2011-10597

Rose Vittiglio, appellant-respondent,

v Rocco Gaurino, et al., respondents-appellants,

Gina Demarco, respondent.

(Index No. 10118/09)

DECISION & ORDER ON MOTION

Motion by the respondents-appellants to strike stated portions of the respondent's brief and to enlarge the time to serve and file a brief on an appeal and cross appeal from an order of the Supreme Court, Queens County, dated October 11, 2011.

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 time to perfect the appeal is granted, the respondents-appellants' time to serve and file a brief is enlarged until August 20, 2012, and the respondents-appellants' brief including its points of argument on the cross appeal, (see 22 NYCRR 670.8[c][3]), must be served and filed on or before that date; and it is further,

ORDERED that the motion is otherwise denied.

BALKIN, J.P., CHAMBERS, AUSTIN and COHEN, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court