| Trimarco v Data Treasury Corporation |
| Motion No: 2014-01874 |
| Slip Opinion No: 2015 NY Slip Op 70044(U) |
| Decided on April 14, 2015 |
| 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. |
Appellate Division: Second Judicial Department
M190633
E/sl
REINALDO E. RIVERA, J.P.
THOMAS A. DICKERSON
JEFFREY A. COHEN
BETSY BARROS, JJ.
|
2014-01874, 2014-03133 Michael C. Trimarco, appellant, v Data Treasury Corporation, respondent. (Index No. 30324/03)
| DECISION & ORDER ON MOTION |
Motion by the respondent to dismiss appeals from a judgment of the Supreme Court, Suffolk County, entered December 10, 2013, and an order of the same court dated March 7, 2014, on the ground that the appellant's appendix is inadequate, or, in the alternative, to enlarge the time to serve and file a brief. 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 branch of the motion which is to dismiss the appeals is granted to the extent that on or before June 15, 2015, the appellant shall comply with CPLR 5525(2) and, if necessary, serve and file a replacement appendix, and that branch of the motion is otherwise denied; 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 and the application for that relief are granted, the respondent's time to serve and file a brief is enlarged until July 15, 2015, and the respondent's brief must be served and filed on or before that date.
RIVERA, J.P., DICKERSON, COHEN and BARROS, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court