Leiner v Hauser
Motion No: 2012-06278
Slip Opinion No: 2013 NY Slip Op 71212(U)
Decided on April 19, 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

M154938

E/sl

MARK C. DILLON, J.P.

PLUMMER E. LOTT

LEONARD B. AUSTIN

SYLVIA HINDS-RADIX, JJ.

2012-06278

Sol Leiner, respondent, v Michelle Hauser,

defendant, Noel Hauser & Associates, et al.,

appellants.

(Index No. 20307/11)

DECISION & ORDER ON MOTION

Motion by the respondent for leave to reargue the branch of his prior motion which was to dismiss an appeal from an order of the Supreme Court, Kings County, dated May 2, 2012, on the ground that the record on appeal is inadequate, which was determined by decision and order on motion of this Court dated March 19, 2013, or, in the alternative, 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, it is

ORDERED that the branch of the motion which is to enlarge the time to serve and file a brief is granted, respondent's time to serve and file a brief is enlarged until May 20, 2013, and the respondent's brief must be served and filed on or before that date; and it is further,

ORDERED that no further enlargement of time shall be granted; and it is further,

ORDERED that the motion is otherwise denied.

DILLON, J.P., LOTT, AUSTIN and HINDS-RADIX, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court