Matter of Baez v Brown
Motion No: 2013-02674
Slip Opinion No: 2014 NY Slip Op 66467(U)
Decided on March 13, 2014
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

M171023

E/sl

RANDALL T. ENG, P.J.

THOMAS A. DICKERSON

CHERYL E. CHAMBERS

COLLEEN D. DUFFY, JJ.

2013-02674

In the Matter of Candido Baez, appellant,

v Richard A. Brown, etc., respondent.

(Index No. 24221/09)

DECISION & ORDER ON MOTION

Motion by the appellant to preclude the respondent from filing a brief on an appeal from a judgment of the Supreme Court, Queens County, dated January 2, 2013. 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, the respondent's time to serve and file a brief is enlarged until April 28, 2014, 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.

ENG, P.J., DICKERSON, CHAMBERS and DUFFY, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court