Azte, Inc. v Auto Collection, Inc.
Motion No: 2012-10705
Slip Opinion No: 2013 NY Slip Op 92526(U)
Decided on November 26, 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

M165912

E/sl

THOMAS A. DICKERSON, J.P.

CHERYL E. CHAMBERS

SHERI S. ROMAN

ROBERT J. MILLER, JJ.

2012-10705

Azte, Inc., et al., respondents, et al.,

plaintiff, v Auto Collection, Inc., et al.,

appellants, et al., defendant.

(Index No. 19999/08)

DECISION & ORDER ON MOTION

Motion by the respondents to direct the appellant to serve and file a supplemental appendix on an appeal from a judgment of the Supreme Court, Kings County, dated September 19, 2012, and 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 direct the appellant to file a supplemental appendix is denied without prejudice to the respondent serving and filing an appendix (see CPLR 5528[b]); 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 respondents' time to serve and file a brief is enlarged until December 30, 2013, and the respondents' brief must be served and filed on or before that date.

DICKERSON, J.P., CHAMBERS, ROMAN and MILLER, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court