| Matter of State Farm Mutual Automobile Insurance Company |
| Motion No: 2005-07025 |
| Slip Opinion No: 2006 NYSlipOp 65668(U) |
| Decided on March 28, 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
M37688
A/sl
GLORIA GOLDSTEIN, J.P.
WILLIAM F. MASTRO
REINALDO E. RIVERA
ROBERT J. LUNN, JJ.
|
2005-07025 In the Matter of State Farm Mutual Automobile Insurance Company, respondent, v Fedor Prikhodko, appellant. (Index No. 49174/03)
| DECISION & ORDER ON MOTION |
Motion by the respondent to dismiss an appeal from an order of the Supreme Court, Kings County, dated June 23, 2005, on the ground that the appeal has been rendered academic, or, in the alternative, for an enlargement of 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 branch of the motion which is to dismiss the appeal is held in abeyance, and is 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 of the respondent to serve and file a brief is granted, the respondent's time to serve and file a brief is enlarged until April 26, 2006, and the respondent's brief shall be served and filed on or before that date.
GOLDSTEIN, J.P., MASTRO, RIVERA and LUNN, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court