| Gately v Drummond |
| Motion No: 2016-00258 |
| Slip Opinion No: 2016 NY Slip Op 83715(U) |
| Decided on August 26, 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. |
Appellate Division: Second Judicial Department
M217064
E/sl
RANDALL T. ENG, P.J.
SHERI S. ROMAN
COLLEEN D. DUFFY
VALERIE BRATHWAITE NELSON, JJ.
|
2016-00258 Theresa A. Gately, plaintiff, v Thomas Drummond, appellant. (Index No. 6899/13)
| DECISION & ORDER ON MOTION |
Motion by the plaintiff to dismiss an appeal from an order of the Supreme Court, Dutchess County, dated November 18, 2015, on the ground that the record is inadequate or to direct the appellant to serve and file a replacement record and to enlarge the time to serve and file a respondent's brief.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the branch of the motion which is to enlarge the time to serve and file a respondent's brief is denied as the plaintiff is not a respondent on the appeal; and it is further,
ORDERED that the motion is otherwise denied.
ENG, P.J., ROMAN, DUFFY and BRATHWAITE NELSON, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court