Richmond Shop Smart, Inc. v Kenbar Development Cer
Motion No: 2006-01041
Slip Opinion No: 2006 NYSlipOp 64693(U)
Decided on March 7, 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.


Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M36796

E/sl

THOMAS A. ADAMS, J.P.

WILLIAM F. MASTRO

STEVEN W. FISHER

JOSEPH COVELLO, JJ.

2006-01041

Richmond Shop Smart, Inc., respondent,

v Kenbar Development Center, LLC, etc.,

appellant.

(Index No. 102554/05)

DECISION & ORDER ON MOTION

Joint motion by the appellant and the respondent on an appeal from an order of the Supreme Court, Richmond County, dated December 1, 2005, to stay all discovery in the above-entitled action pending hearing and determination of the appeal and to enlarge the respondent's time to serve and file a brief.

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

ORDERED that the branch of the motion which is to stay all discovery in the above-entitled action pending hearing and determination of the appeal is denied; 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 and the respondent's brief must be served and filed on or before April 17, 2006.

ADAMS, J.P., MASTRO, FISHER and COVELLO, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court