Morelli v Starbucks Corporation
Motion No: 2012-03217
Slip Opinion No: 2012 NY Slip Op 84725(U)
Decided on September 18, 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

M143662

E/sl

MARK C. DILLON, J.P.

RUTH C. BALKIN

LEONARD B. AUSTIN

JEFFREY A. COHEN, JJ.

2012-03217

Iris Morelli, appellant-respondent,

v Starbucks Corporation, et al., respondents,

City of Rye, respondent-appellant.

(Index No. 24867/09)

DECISION & ORDER ON MOTION

Motion by the respondent-appellant, inter alia, to enlarge the record on an appeal and cross appeal from an order of the Supreme Court, Westchester County, entered March 2, 2012, to include the papers filed in connection with a prior motion. Application by the respondent-appellant 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; and it is further,

ORDERED that the application is granted and the respondent-appellant's time to serve and file a brief is enlarged until October 17, 2012, and the respondent-appellant's brief, including the points of argument on the cross appeal (see 22 NYCRR 670.8[c][3]), must be served and filed on or before that date.

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

ENTER:

Aprilanne Agostino

Clerk of the Court