New Hope Missionary Baptist Church, Inc. v 466 Lafayette, Ltd.
Motion No: 2016-09310
Slip Opinion No: 2017 NY Slip Op 68983(U)
Decided on March 30, 2017
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

M228537

E/sl

JOHN M. LEVENTHAL, J.P.

L. PRISCILLA HALL

SYLVIA O. HINDS-RADIX

VALERIE BRATHWAITE NELSON, JJ.

2016-09310

New Hope Missionary Baptist Church, Inc.,

et al., respondents, v 466 Lafayette, Ltd.,

et al., defendants; Famak Management Corp.,

nonparty-appellant (and a third-party action).

(Index No. 34774/08)

DECISION & ORDER ON MOTION

Motion by the respondents to enlarge the record on an appeal from an order of the Supreme Court, Kings County, dated April 20, 2016, to include a certain document and to enlarge the time to serve and file a brief. Cross motion by the nonparty-appellant for a preference in the calendaring of 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 branch of the motion which is to enlarge the record is denied; and it is further,

ORDERED that the branch of the motion which is to enlarge the respondents' time to serve and file a brief is granted, the respondent's time to serve and file a brief is enlarged until May 1, 2017, and the respondents' brief must be served and filed on or before that date; and it is further,

ORDERED that the cross motion is denied.

LEVENTHAL, J.P., HALL, HINDS-RADIX and BRATHWAITE NELSON, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court