| Burgers Bar Five Towns, LLC v Burgers Holding Corp., a |
| Motion No: 2011-09953 |
| Slip Opinion No: 2012 NY Slip Op 87666(U) |
| Decided on October 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. |
Appellate Division: Second Judicial Department
M144906
E/sl
REINALDO E. RIVERA, J.P.
RUTH C. BALKIN
JOHN M. LEVENTHAL
CHERYL E. CHAMBERS, JJ.
|
2011-09953 Burgers Bar Five Towns, LLC, respondent-appellant, v Burgers Holding Corp., also known as Burgers Holding, Inc., et al., appellants-respondents. (Index No. 600057/08)
| DECISION & ORDER ON MOTION |
Motion by the appellants-respondents to enlarge the time to perfect an appeal from a judgment of the Supreme Court, Nassau County, dated July 14, 2012, and to direct the release of their surety bond or direct the respondent-appellant to post a bond or undertaking.
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 appellants-respondents' time to perfect the appeal is enlarged until December 14, 2012, and the joint record or appendix on appeal (see 22 NYCRR 670.8[c][1]) and the appellants-respondents' brief must be served and filed on or before that date; and it is further,
ORDERED that the respondent-appellant shall serve and file its answering brief, including its points of argument on the cross appeal, in accordance with the rules of this Court (see 22 NYCRR 670.8[c][3]); and it is further,
ORDERED that the branch of the motion which is to direct the release of the appellants-respondents' surety bond or direct the respondent-appellant to post a bond or undertaking is denied.
RIVERA, J.P., BALKIN, LEVENTHAL and CHAMBERS, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court