Hedley's, Inc. v Airwaves Global Logistics, LLC
Motion No: 2014-01163
Slip Opinion No: 2014 NY Slip Op 89542(U)
Decided on November 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

M182943

E/ct

CHERYL E. CHAMBERS, J.P.

SHERI S. ROMAN

COLLEEN D. DUFFY

HECTOR D. LASALLE, JJ.

2014-01163

Hedley's, Inc., respondent, v Airwaves

Global Logistics, LLC, appellant.

(Index No. 582/12)

DECISION & ORDER ON MOTION

Motion by the respondent, inter alia, to dismiss an appeal from an order of the Supreme Court, Kings County, dated November 25, 2013, for failure to timely perfect, or, in the alternative, to enlarge the time to serve and file a brief. Cross motion by the appellant to enlarge the time to perfect the appeal.

Upon the papers filed in support of the motion and the cross motion, and the papers filed in opposition thereto, it is

ORDERED that the cross motion is granted, the appellant's time to perfect the appeal is enlarged, and the record on appeal and the appellant's brief which were filed with the Clerk of this Court on August 28, 2014, are deemed timely served and filed; and it is further,

ORDERED that the branch of the motion which is to enlarge the respondent's time to serve and file a brief is granted to the extent that the respondent's time to serve and file a brief is enlarged until December 15, 2014, and the respondent's brief must be served and filed on or before that date; and it is further,

ORDERED that the motion is otherwise denied.

CHAMBERS, J.P., ROMAN, DUFFY and LASALLE, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court