| Matter of Xander Corp. v Haberman |
| Motion No: 2005-06749 +2 |
| Slip Opinion No: 2006 NYSlipOp 65578(U) |
| Decided on March 24, 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
M37621
C/sl
DAVID S. RITTER, J.P.
DANIEL F. LUCIANO
STEVEN W. FISHER
ROBERT A. LIFSON, JJ.
|
2005-06749, 2005-08904, 2006-01637 In Matter of Xander Corp., respondent-appellant, v Sinclair Haberman, et al., appellants-respondents, et al., respondents. (Index No. 14069/03)
| DECISION & ORDER ON MOTION |
Motion by the respondent-appellant Xander Corp. on an appeal from an order of the Supreme Court, Nassau County, dated December 6, 2004, and appeals and cross appeals from two orders of the same court dated July 22, 2005, and January 25, 2006, respectively, to dismiss the appeal from the order dated December 6, 2004, on the ground that the appeal was untimely taken.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the motion is held in abeyance and referred to the panel of Justices hearing the appeal for determination upon the argument or submission thereof; and it is further,
ORDERED that on the court's own motion, the time of the respondent-appellant to serve and file its answering brief, including its points of argument on the cross appeals (see 22 NYCRR 670-8[c][3]), is enlarged until April 24, 2006.
RITTER, J.P., LUCIANO, FISHER and LIFSON, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court