Jesse v Jets Towing, Inc.
Motion No: 2015-12188
Slip Opinion No: 2016 NY Slip Op 78586(U)
Decided on July 1, 2016
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

M214199

E/sl

RANDALL T. ENG, P.J.

JEFFREY A. COHEN

SYLVIA O. HINDS-RADIX

VALERIE BRATHWAITE NELSON, JJ.

2015-12188

Norman Jesse, plaintiff-respondent,

v Jets Towing, Inc., et al., appellants;

Angie Robinson, et al., nonparty-respondents.

(Index No. 16837/13)

DECISION & ORDER ON MOTION

Motion by Angie Robinson, in effect, to direct the appellants to serve and file a supplemental record containing certain documents on an appeal from an order of the Supreme Court, Kings County, dated October 29, 2015, and to enlarge the time to serve and file a brief. Application by Angie Robinson pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to serve and file a brief. Separate application by Norman Jesse pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to serve and file a brief. By decision and order on motion of this Court dated June 10, 2016, the matter was remitted to the Supreme Court, Kings County, to report on whether that court considered the affirmation of Keri Lynn Timlin dated July 22, 2015, with attached exhibits in determining the motions that resulted in the order dated October 29, 2015, and the motion and the applications were held in abeyance in the interim. The Supreme Court, Kings County, has issued its report dated June 20, 2016.

Upon the papers filed in support of the motion and the papers filed in opposition thereto, upon the papers filed in support of the applications and no papers having been filed in opposition or in relation thereto, and upon the report of the Supreme Court, Kings County, dated June 20, 2016, it is

ORDERED that the motion and the applications are granted; and it is further,

ORDERED that on or before August 1, 2016, the appellants shall serve and file a supplemental record containing the affirmation of Keri Lynn Timlin dated July 22, 2015, with attached exhibits; and it is further,

ORDERED that the time of Angie Robinson and Norman Jesse to serve and file their respective briefs is enlarged until August 31, 2016, and the briefs of Angie Robinson and Norman Jesse must be served and filed on or before that date.

ENG, P.J., COHEN, HINDS-RADIX and BRATHWAITE NELSON, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court