| Farage v Ehrenberg |
| Motion No: 2012-03461 |
| Slip Opinion No: 2013 NY Slip Op 83973(U) |
| Decided on August 30, 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. |
Appellate Division: Second Judicial Department
M161573
E/sl
WILLIAM F. MASTRO, J.P.
PETER B. SKELOS
LEONARD B. AUSTIN
SANDRA L. SGROI, JJ.
|
2012-03461 Regina Farage, appellant, v Lance Ehrenberg, respondent. (Index No. 7325/11)
| DECISION & ORDER ON MOTION |
Motion by the respondent to dismiss an appeal from an order of the Supreme Court, Kings County, dated March 9, 2012, for failure to timely serve him with the record on appeal and on the ground that the record on appeal is inadequate, and for an award of costs and an attorney's fee. Cross motion by the appellant for an award of costs and an attorney's fee. 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 cross 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 and the cross motion are 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 October 3, 2013, and the respondent's brief must be served and filed on or before that date.
MASTRO, J.P., SKELOS, AUSTIN and SGROI, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court