Michael B. Schulman & Assoc., P.C. v Dr. Serge Luryi & Multicolor Sys., Inc.

Michael B. Schulman & Assoc., P.C. v Dr. Serge Luryi & Multicolor Sys., Inc.

Motion No: 2006-01346 SC

Slip Opinion No: 2007 NYSlipOp 61597(U)

Decided on January 18, 2007

Appellate Term, 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 TERM : 9th and 10th JUDICIAL DISTRICTS

PRESENT : RUDOLPH, P.J., McCABE and LIPPMAN, JJ.

NO. 2006-1346 S C

MICHAEL B. SCHULMAN & ASSOCIATES, P.C.,

Appellant,

-against-

DR. SERGE LURYI and MULTICOLOR SYSTEMS, INC.,

Respondent.

DECISION

Motion by appellant for an enlargement of time to perfect appeal is granted and appeal shall be perfected by March 2, 2007.

Ordered that in the event the appeal is not perfected on or before March 2, 2007, the court on its own motion, may dismiss the appeal, or the respondent may apply to dismiss the appeal on three days' notice, and may serve such application in person.

Cross motion by respondent to dismiss appeal, for attorney's fees and for sanctions is denied without prejudice to respondent raising these issues on the appeal.