Tricarico v County of Nassau
Motion No: 2012-02996
Slip Opinion No: 2013 NY Slip Op 84792(U)
Decided on September 10, 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

M161975

E/sl

MARK C. DILLON, J.P.

DANIEL D. ANGIOLILLO

JOHN M. LEVENTHAL

PLUMMER E. LOTT, JJ.

2012-02996

Joanne Tricarico, et al., appellants,

v County of Nassau, respondent, et al.,

defendants.

(Index No. 12780/09)

DECISION & ORDER ON MOTION

Motion by the respondent to strike the appellant's appendix as inadequate on an appeal from an order of the Supreme Court, Nassau County, dated February 1, 2012, or to enlarge the time to serve and file a brief.

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

ORDERED that the branch of the motion which is to strike the appellant's appendix is denied without prejudice to filing a respondent's appendix; 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, the respondent's time to serve and file a brief is enlarged until October 10, 2013, and the respondent's brief must be served and filed on or before that date.

DILLON, J.P., ANGIOLILLO, LEVENTHAL and LOTT, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court