| Porter v Annabi |
| Motion No: 2006-00124 |
| Slip Opinion No: 2006 NYSlipOp 72777(U) |
| Decided on July 27, 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
M42622
E/sl
ROBERT A. SPOLZINO, J.P.
PETER B. SKELOS
STEVEN W. FISHER
MARK C. DILLON, JJ.
|
2006-00124 Marjorie P. Porter, et al., plaintiffs-respon v Nancy Annabi, et al., defendants third-pa plaintiffs-respondents, Key Bank USA, N. n/k/a Keybank National Association, defen third-party defendant-appellant, et al., defe (and another third-party action).
(Index No. 00-13902)
| DECISION & ORDER ON MOTION dents, rty A., dant ndant |
Motion by the defendants third-party plaintiffs-respondents to dismiss an appeal from order of the Supreme Court, Westchester County, entered December 12, 2005, on the ground that the order entered December 12, 2005, was superseded by an order of the same court entered April 18, 2006, or, alternatively, to enlarge the time to serve and file a brief, and cross motion by the plaintiffs-respondents for leave to serve and file a supplemental record containing the motion papers in connection with a motion for leave to reargue, which resulted in the order entered April 18, 2006.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, and the papers filed in support of the cross motion and no papers having been filed in opposition or relation thereto, it is
ORDERED that the branch of the motion which is to dismiss the appeal is denied (see CPLR 5517[a]); and it is further,
ORDERED that the branch of the motion which is to enlarge the time of the defendants third-party plaintiffs-respondents to serve and file a brief is granted, and the time of the defendants third-party plaintiffs-respondents to serve and file a brief is enlarged until August 28, 2006, and that brief must be served and filed on or before that date; and it is further,
ORDERED that the cross motion is granted, and on or before August 28, 2006, the plaintiffs-respondents shall serve and file a supplemental record containing the motion papers in connection with the motion for leave to reargue, which resulted in the order entered April 18, 2006.
SPOLZINO, J.P., SKELOS, FISHER and DILLON, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court