Mscichowski v 601 BBA, LLC
Motion No: 2014-05301
Slip Opinion No: 2014 NY Slip Op 92704(U)
Decided on December 12, 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

M183667

E/sl

RUTH C. BALKIN, J.P.

JEFFREY A. COHEN

COLLEEN D. DUFFY

HECTOR D. LASALLE, JJ.

2014-05301

Kazimierz Mscichowski, plaintiff-respondent,

v 601 BBA, LLC, defendant third-party

plaintiff-respondent, Leon's Barber Shop,

defendant-respondent; 601 Brighton Beach

Deli, third-party defendant-appellant.

(Index No. 7397/11)

DECISION & ORDER ON MOTION

Motion by the third-party defendant-appellant to correct an appendix filed by it on an appeal from an order of the Supreme Court, Kings County, dated April 8, 2014. Application by the plaintiff-respondent pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to serve and file a brief. Application by the defendant third-party plaintiff-respondent to enlarge the time to serve and file a brief

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

ORDERED that the motion is granted, and on or before January 5, 2015, the third-party defendant-appellant shall either (1) serve and file a replacement appendix that includes the subject missing pages, or (2) serve and file a supplemental appendix that contains only the subject missing pages; and it is further,

ORDERED that the applications are granted, the applicants' time to serve and file their respective briefs is enlarged until February 4, 2015, and the applicants' briefs must be served and filed on or before that date.

BALKIN, J.P., COHEN, DUFFY and LASALLE, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court