Doobay v. Girardi

Full title: Doobay, Beni & Kamlawatie, respondent-appellant, v. Leonard Girardi, etc.…

Court: Supreme Court of the State of New York Appellate Division: Second Judicial Department

Date published: Jul 9, 2012

2012 N.Y. Slip Op. 78186 (N.Y. App. Div. 2012)

Opinion

Motion No: 2011-10826 Index No. 35783/04 M140133

07-09-2012

Doobay, Beni & Kamlawatie, respondent-appellant, v. Leonard Girardi, etc., appellant-respondent.

REINALDO E. RIVERA

, J.P.

PETER B. SKELOS

SHERI S. ROMAN

SANDRA L. SGROI, JJ.

DECISION & ORDER ON MOTION

Motion by the respondent-appellant on an appeal and cross appeal from an order of the Supreme Court, Kings County, dated October 5, 2011, inter alia, to dismiss the appeal for failure to properly settle the trial transcript or to enlarge the time to serve and file a 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 brief is granted, the respondent-appellant's time to serve and file a brief is enlarged until August 2, 2012, and the respondent-appellant's brief, including the points of argument on the cross appeal (see 22 NYCRR 670.8[c][3]), must be served and filed on or before that date; and it is further,

ORDERED that the motion is otherwise denied.

RIVERA, J.P., SKELOS, ROMAN and SGROI, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court