| Burke v Balda |
| Motion No: 2005-07413 |
| Slip Opinion No: 2006 NYSlipOp 62500(U) |
| Decided on February 1, 2006 |
| Appellate Division, Second Department, Motion Decision |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| This motion is uncorrected and is not subject to publication in the Official Reports. |
Appellate Division: Second Judicial Department
M35576
Y/sl
THOMAS A. ADAMS, J.P.
FRED T. SANTUCCI
REINALDO E. RIVERA
STEVEN W. FISHER, JJ.
|
2005-07413 Patrick Burke, Jr., plaintiff-respondent, v John Balda, et al., defendants-respondents, Kanu Okoronkwo, appellant. (Index No. 22554/03)
| DECISION & ORDER ON MOTION |
Motion by the appellant to stay the trial in the above-entitled action pending hearing and determination of an appeal from an order of the Supreme Court, Queens County, dated May 19, 2005, and application by the appellant pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect the appeal.
Upon the papers filed in support of the motion and application and the papers filed in opposition and relation thereto, it is
ORDERED that the motion is denied; and it is further,
ORDERED that the application is granted; and it is further,
ORDERED that the appellant's time to perfect the appeal is enlarged until April 3, 2006, and the record or appendix on the appeal and the appellant's brief must be served and filed on or before that date.
ADAMS, J.P., SANTUCCI, RIVERA and FISHER, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court