| Herbst v 1514 Eastern Parkway, Ltd. |
| Motion No: 2006-09612 |
| Slip Opinion No: 2007 NYSlipOp 66764(U) |
| Decided on April 3, 2007 |
| 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
M52884
E/sl
DAVID S. RITTER, J.P.
FRED T. SANTUCCI
RUTH C. BALKIN
WILLIAM E. McCARTHY, JJ.
|
2006-09612 Richard Herbst, respondent, v 1514 Eastern Parkway, Ltd., appellant, et al., defendant. (Index No. 45677/02)
| DECISION & ORDER ON MOTION |
Motion by the appellant, inter alia, to stay all proceedings in the above-entitled action, pending hearing and determination of an appeal from an order of the Supreme Court, Kings County, dated August 11, 2006. Application by the appellant pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect the appeal.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, and the papers filed in support of the application, it is
ORDERED that the motion is denied; and it is further,
ORDERED that the application is granted and the appellant's time to perfect the appeal is enlarged until June 4, 2007, and the record or appendix on the appeal and the appellant's brief must be served and filed on or before that date.
RITTER, J.P., SANTUCCI, BALKIN and McCARTHY, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court