Interboro Insurance Company v Clennon
Motion No: 2012-05382
Slip Opinion No: 2013 NY Slip Op 66005(U)
Decided on February 28, 2013
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

M152125

T/sl

RUTH C. BALKIN, J.P.

CHERYL E. CHAMBERS

SHERI S. ROMAN

SYLVIA HINDS-RADIX, JJ.

2012-05382

Interboro Insurance Company, respondent,

v Michael Clennon, et al., defendants,

Compas Medical, P.C., et al., appellants.

(Index No. 18651/10

DECISION & ORDER ON MOTION

Motion by the respondent to dismiss an appeal from a judgment of the Supreme Court, Nassau County, entered January 11, 2011, on the ground that the record is inadequate, or, in the alternative, to enlarge its time to serve and file a brief. Cross motion by the appellants for leave to serve and file a supplemental record containing certain material and an amended statement pursuant to CPLR 5531.

Upon the papers filed in support of the motion and cross motion, and the papers filed in opposition thereto, it is

ORDERED that the cross motion is granted, and on or before March 18, 2013, the appellants shall serve and file a supplemental record containing the order of the Supreme Court, Nassau County, dated June 29, 2011, and an amended statement pursuant to CPLR 5531; and it is further,

ORDERED that the branch of the motion which is to enlarge the time to serve and file a brief is granted, and the respondent's time to serve and file its brief is enlarged until March 28, 2013, and the respondent's brief must be served and filed on or before that date, and the motion is otherwise denied.

BALKIN, J.P., CHAMBERS, ROMAN and HINDS-RADIX, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court