Palmer v City of New York
Motion No: 2012-03119
Slip Opinion No: 2012 NY Slip Op 92407(U)
Decided on December 5, 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

M147538

E/sl

PETER B. SKELOS, J.P.

RUTH C. BALKIN

CHERYL E. CHAMBERS

ROBERT J. MILLER, JJ.

2012-03119

Elue D. Palmer, Sr., etc., et al., respondents-appellants,

v City of New York, et al., appellants-respondents.

(Index No. 30370/07)

DECISION & ORDER ON MOTION

Motion by the respondents-appellants for leave to file a replacement brief containing 17,308 words on an appeal and cross appeal from an order of the Supreme Court, Queens County, entered February 22, 2012. Application by the appellants-respondents pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to serve and file a reply brief.

Upon the papers filed in support of the motion and the application, and no papers having been filed in opposition or in relation thereto, it is

ORDERED that the motion is granted to the extent that the respondents-appellants may serve and file a replacement brief on or before January 3, 2013, containing not more than 14,000 words (see 22 NYCRR 670.10.3[a][3]), without prejudice to making an application pursuant to 22 NYCRR 670.10.3(e) for leave to file a brief containing 17,308 words, and the motion is otherwise denied; and it is further,

ORDERED that the application is granted and the appellants-respondents' time to serve and file a reply brief is enlarged until February 4, 2013, and the reply brief shall be served and filed on or before that date.

SKELOS, J.P., BALKIN, CHAMBERS and MILLER, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court