Gihon, LLC v. 501 Second St. LLC

Full title: Gihon, LLC, respondent, v. 501 Second Street, LLC, et al., appellants.

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

Date published: Sep 2, 2011

Motion No: 2011-01425 (N.Y. App. Div. Sep. 2, 2011)

Opinion

Motion No: 2011-01425 Index No. 13933/04 M125248

09-02-2011

Gihon, LLC, respondent, v. 501 Second Street, LLC, et al., appellants.

WILLIAM F. MASTRO

, J.P.

JOHN M. LEVENTHAL

L. PRISCILLA HALL

PLUMMER E. LOTT, JJ.

DECISION & ORDER ON MOTION

Motion by the respondent to strike the record on an appeal from a judgment of the Supreme Court, Kings County, entered January 3, 2011, on the ground that it is inadequate, or to enlarge the time to serve and file a brief, and to impose a sanction upon the appellants and for an award of costs and an attorney's fee.

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 strike the record is granted to the extent that on or before September 16, 2011, the appellants shall serve and file a supplemental record containing the reply papers filed by the respondent in connection with the motions that resulted in the order entered January 3, 2011; and it is further,

ORDERED that the branch of the motion which is to enlarge the respondent's time to serve and file a brief is granted, the respondent's time to serve and file a brief is enlarged until October 17, 2011, and the respondent's brief must be served and filed on or before that date; and it is further,

ORDERED that the motion is otherwise denied.

MASTRO, J.P., LEVENTHAL, HALL and LOTT, JJ., concur.

ENTER:

Matthew G. Kiernan

Clerk of the Court