| Matter of 175 Eastern Parkway Associates v Baptiste |
| Motion No: 2011-06214 |
| Slip Opinion No: 2012 NY Slip Op 86432(U) |
| Decided on October 4, 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
M144472
E/sl
REINALDO E. RIVERA, J.P.
THOMAS A. DICKERSON
L. PRISCILLA HALL
SHERI S. ROMAN, JJ.
|
2011-06214 In the Matter of 175 Eastern Parkway Associates, petitioner-respondent, v Jean Paul Baptiste, appellant, et al., respondent. (Index No. 70242/04)
| DECISION & ORDER ON MOTION |
Motion by the petitioner-respondent, inter alia, to dismiss an appeal, by permission, from an order of the Appellate Term of the Supreme Court, Second, Eleventh, and Thirteenth Judicial Districts, dated April 29, 2011, on the ground that the appellant failed to subpoena the original papers or to enlarge the time to serve and file a 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 enlarge the petitioner-respondent's time to serve and file a brief is granted, the petitioner-respondent's time to serve and file a brief is enlarged until November 5, 2012, and the petitioner-respondent's brief must be served and filed on or before that date; and it is further,
ORDERED that the motion is otherwise denied; and it is further,
ORDERED that on the Court's own motion, the Clerk of the Court, or her designee, shall subpoena the original papers constituting the court file from the Civil Court, City of New York, Kings County.
RIVERA, J.P., DICKERSON, HALL and ROMAN, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court