Hall v Hobbick
Motion No: 2017-11430
Slip Opinion No: 2018 NY Slip Op 83654(U)
Decided on September 17, 2018
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

M255316

E/mm

MARK C. DILLON, J.P.

SHERI S. ROMAN

ROBERT J. MILLER

COLLEEN D. DUFFY, JJ.

2017-11430

Calvin P. Hall, plaintiff, v Cade W. Hobbick,

defendant third-party plaintiff-appellant, et al.,

defendants; Jason Zegans, et al., third-party

defendants-respondents.

(Index No. 508134/16)

DECISION & ORDER ON MOTION

Motion by the third-party defendants-respondents, inter alia, to strike stated portions of the record on an appeal from an order of the Supreme Court, Kings County, dated September 5, 2017, to enlarge the time to serve and file a brief, and for an award of costs and an attorney's fee. Cross motion by the defendant third-party plaintiff-appellant for summary reversal.

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 branches of the motion which are to strike stated portions of the record are denied; and it is further,

ORDERED that the branch of the motion which is to enlarge the third-party defendants-respondents' time to serve and file a brief is granted, the third-party defendants-respondents' time to serve and file a brief is enlarged until October 17, 2018, and the brief shall be served and filed on or before that date; and it is further,

ORDERED that the motion is otherwise denied; and it is further,

ORDERED that the cross motion is denied.

DILLON, J.P., ROMAN, MILLER and DUFFY, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court