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Infante v. Breslin Realty Dev. Corp.

Supreme Court of the State of New York Appellate Division: Second Judicial Department
Nov 16, 2011
2011 N.Y. Slip Op. 89765 (N.Y. App. Div. 2011)

Opinion

Motion No: 2010-07581 Index No. 12387/06M128061

11-16-2011

Inocencio Infante, appellant, v. Breslin Realty Development Corp., defendant third-party plaintiff-respondent, Modell's Sporting Goods, Inc., defendant-respondent; Toys "R" Us, etc., et al., third-party defendants-respondents.


, J.P.

CHERYL E. CHAMBERS

SANDRA L. SGROI

ROBERT J. MILLER, JJ.

DECISION & ORDER ON MOTION

Motion by the third-party defendant-respondent Centimark Corporation to dismiss an appeal from an order of the Supreme Court, Nassau County, entered July 14, 2010, as superseded by an order of the same court dated April 29, 2011, made upon reargument, or to enlarge the record to include the order dated April 29, 2011, as well as the motion papers that resulted in that order, and 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 and in relation thereto, it is

ORDERED that the branch of the motion which is to dismiss the appeal is denied (see CPLR 5517); and it is further,

ORDERED that the branch of the motion which is to enlarge the record to include the order dated April 29, 2011, and the motion papers that resulted in that order, and to enlarge the time to serve and file a brief is granted, and on or before December 16, 2011, the third-party defendant-respondent Centimark Corporation shall serve and file a supplemental record containing the order dated April 29, 2011, as well as the motion papers that resulted in the order, and shall serve and file a brief.

SKELOS, J.P., CHAMBERS, SGROI and MILLER, JJ., concur.

ENTER:

Matthew G. Kiernan

Clerk of the Court


Summaries of

Infante v. Breslin Realty Dev. Corp.

Supreme Court of the State of New York Appellate Division: Second Judicial Department
Nov 16, 2011
2011 N.Y. Slip Op. 89765 (N.Y. App. Div. 2011)
Case details for

Infante v. Breslin Realty Dev. Corp.

Case Details

Full title:Inocencio Infante, appellant, v. Breslin Realty Development Corp.…

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

Date published: Nov 16, 2011

Citations

2011 N.Y. Slip Op. 89765 (N.Y. App. Div. 2011)