Opinion
Motion No: 2011-10826 Index No. 35783/04 M140133
07-09-2012
Doobay, Beni & Kamlawatie, respondent-appellant, v. Leonard Girardi, etc., appellant-respondent.
, 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