| Tri-State Consumer, Inc. v Mintz & Gold, LLP |
| Motion No: 2005-11121 |
| Slip Opinion No: 2006 NYSlipOp 64517(U) |
| Decided on March 3, 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
M36592
O/nal
GLORIA GOLDSTEIN, J.P.
REINALDO E. RIVERA
STEVEN W. FISHER
ROBERT J. LUNN, JJ.
|
2005-11121
Tri-State Consumer, Inc., appellant, v Mintz & Gold, LLP, respondent. (Index No. 5054/05)
| DECISION & ORDER ON MOTION |
Motion by the respondent to dismiss an appeal from an order of the Supreme Court, Nassau County, dated October 26, 2005, on the ground that it is academic, to impose sanctions upon Dean Hart, the individual allegedly prosecuting the appeal in the name of the appellant, and his counsel, or, in the alternative, 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, it is
ORDERED that the branches of the motion which are to dismiss the appeal on the ground that it is academic and to impose sanctions are held in abeyance, and are referred to the Justices hearing the appeal for determination upon the argument or submission of the appeal; and it is further,
ORDERED that the branch of the motion which is to enlarge the time to serve and file a brief is granted; and it is further,
ORDERED that the respondent's time to serve and file a brief is enlarged until April 3, 2006, and the respondent's brief must be served and filed on or before that date.
GOLDSTEIN, J.P., RIVERA, FISHER and LUNN, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court