P.J. 37 Food Corp. v George Doulaveris & Son, Inc.
Motion No: 2019-00154
Slip Opinion No: 2019 NY Slip Op 85409(U)
Decided on December 5, 2019
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

M267908

kbp/

CHERYL E. CHAMBERS, J.P.

LEONARD B. AUSTIN

ROBERT J. MILLER

LINDA CHRISTOPHER, JJ.

2019-00154

P.J. 37 Food Corp., respondent,

v George Doulaveris & Son, Inc., appellant.

(Index No. 18214/13)

DECISION & ORDER ON MOTION

Motion by the appellant to strike the respondent's brief on an appeal from an order of the Supreme Court, Queens County, dated November 9, 2018, on the ground that it was not properly served upon the appellant or, in the alternative, to extend the time to serve and file a reply 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 extend the time to serve and file a reply brief is granted, the appellant's time to serve and file a reply brief is extended until December 26, 2019, and the reply brief shall be served and filed on or before that date; and it is further,

ORDERED that no further extension of time shall be granted; and it is further,

ORDERED that the motion is otherwise denied.

CHAMBERS, J.P., AUSTIN, MILLER and CHRISTOPHER, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court