Strunk v. Revenge Cab Corp.

Full title: Kerry Strunk, appellant, v. Revenge Cab Corp., et al., respondents.

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

Date published: Dec 14, 2011

2011 N.Y. Slip Op. 92839 (N.Y. App. Div. 2011)

Opinion

Motion No: 2011-00494 Index No. 22957/07 M130238

12-14-2011

Kerry Strunk, appellant, v. Revenge Cab Corp., et al., respondents.

REINALDO E. RIVERA

, J.P.

RANDALL T. ENG

SHERI S. ROMAN

SANDRA L. SGROI, JJ.

DECISION & ORDER ON MOTION

Motion by the respondents to dismiss an appeal from an order of the Supreme Court, Queens County, entered November 18, 2010, on the ground that the record on appeal is inadequate and contains matter dehors the record, and to enlarge the time to serve and file a brief. Application by the respondents pursuant to 22 NYCRR 670.8(d)(2) 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, and upon the papers filed in support of the application and no papers having been filed in opposition or in relation thereto, it is

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

ORDERED that the branch of the motion which is to enlarge the time to serve and file a brief and the application are granted, the respondents' time to serve and file a brief is enlarged until January 17, 2012, and the respondents' brief must be served and filed on or before that date.

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

ENTER:

Aprilanne Agostino

Clerk of the Court