Tenore v Kantrowitz, Goldhamer & Graifman, P.C.
Motion No: 2012-02995
Slip Opinion No: 2013 NY Slip Op 79051(U)
Decided on July 8, 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

M159050

E/ct

PETER B. SKELOS, J.P.

THOMAS A. DICKERSON

JOHN M. LEVENTHAL

JEFFREY A. COHEN, JJ.

2012-02995

Thomas Tenore, appellant, v Kantrowitz,

Goldhamer & Graifman, P.C., respondent.

(Index No. 08-11492)

DECISION & ORDER ON MOTION

Motion by the respondent to dismiss an appeal from an order of the Supreme Court, Rockland County, dated February 28, 2012, on the ground that the appellant's appendix is inadequate, and for an award of an attorney's fee, costs, and expenses. Application by the respondent pursuant to 22 NYCRR 670.8(d)(2) 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, and upon the papers filed in support of the application and no papers having been filed in opposition or in relation thereto, it is

ORDERED that the motion is denied; and it is further,

ORDERED that the application is granted and the respondent's time to serve and file a brief is enlarged until August 9, 2013, and the respondent's brief must be served and filed on or before that date.

SKELOS, J.P., DICKERSON, LEVENTHAL and COHEN, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court