| Davis, as administrator of the goods, chattels and credits which wer |
| Motion No: 2016-06196 |
| Slip Opinion No: 2017 NY Slip Op 84622(U) |
| Decided on September 1, 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. |
Appellate Division: Second Judicial Department
M237012
E/sl
CHERYL E. CHAMBERS, J.P.
L. PRISCILLA HALL
SYLVIA O. HINDS-RADIX
JOSEPH J. MALTESE, JJ.
|
2016-06196 Stanley Davis, as administrator of the goods, chattels and credits which were of Stanley Earl Davis, Jr., deceased, respondent, v Commack Hotel, doing business as Howard Johnson, appellant, et al., defendant. (Index No. 12197/11)
| DECISION & ORDER ON MOTION |
Motion by the respondent to dismiss an appeal from an order of the Supreme Court, Suffolk County, dated February 22, 2016, for failure to timely perfect, or as untimely taken, or to enlarge the time to serve and file a brief. Separate motion by the respondent to enlarge the record to include videos, deposition transcripts, hospital records, and certain documents.
Upon the papers filed in support of the motion, inter alia, to dismiss the appeal and the papers filed in opposition thereto, and upon the papers filed in support of the motion to enlarge the record and the papers filed in relation thereto, it is
ORDERED that the branch of the motion which is to dismiss the appeal is 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 is granted, the respondent's time to serve and file a brief is enlarged until October 16, 2017, and the respondent's brief shall be served and filed on or before that date; and it is further,
ORDERED that the motion to enlarge the record is denied.
CHAMBERS, J.P., HALL, HINDS-RADIX and MALTESE, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court