Carter v. Flaherty

Full title: Jay Carter, Respondent, v. Kerry Joseph Flaherty, Appellant.

Court: Supreme Court, Appellate Term, Second Dept., 9th & 10th Judicial Districts

Date published: Nov 10, 2011

2011 N.Y. Slip Op. 89730 (N.Y. App. Term 2011)

Opinion

2011-1348 N C

11-10-2011

Jay Carter, Respondent, v. Kerry Joseph Flaherty, Appellant.

FRANCIS A. NICOLAI

, P.J.

JOHN R. LaCAVA

ANGELA G. IANNACCI, JJ.

DECISION & ORDER ON MOTION

Motion by respondent to dismiss an appeal from a judgment of the District Court of Nassau County, Third District, entered March 16, 2011, or, in the alternative, for an enlargement of time to serve and file a respondent's brief.

Upon the papers filed in support of the motion and no papers having been filed in opposition thereto, it is

ORDERED that the branch of the motion seeking to dismiss the appeal is denied; and it is further,

ORDERED that the branch of the motion seeking an enlargement of time to serve and file a respondent's brief is granted, and said brief shall be served and filed within 21 days from the date of this decision and order. Appellant, if he be so advised, may serve and file a reply brief within 14 days after the date the respondent's brief is due to be served pursuant to this decision and order.

ENTER:

Paul Kenny

Chief Clerk