| Tilton v Trezza |
| Motion No: 2006-08130 +2 |
| Slip Opinion No: 2007 NYSlipOp 70675(U) |
| Decided on June 1, 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
M55355
E/sl
REINALDO E. RIVERA, J.P.
ANITA R. FLORIO
STEVEN W. FISHER
MARK C. DILLON, JJ.
|
2006-08130 Nancy J. Tilton, et al., appellants, v Gary Trezza, et al., respondents (and another title). (Appeal No. 1) (Index No. 5818/03) 2007-00268 In the Matter of v Gary Trezza, respondents, v Nancy Tilton, et al., appellants. (Appeal No. 2) (Index No. 11790/06) 2007-02801 Nancy J. Tilton, et al., appellants, v Gary Trezza, et al., defendants; Reisman, Peirez & Reisman, respondent. (Appeal No. 3) (Index No. 5818/03)
| DECISION & ORDER ON MOTION |
Motion by the appellants, inter alia, to stay the marketing and sale of the subject real property pending hearing and determination of appeals from a judgment and two orders of the Supreme Court, Nassau County, dated June 21, 2006, December 1, 2006, and February 23, 2007, respectively, and for a preference in the calendaring of the appeals. Cross motion by the nonparty-respondent Reisman, Peirez & Reisman, inter alia, to dismiss the appeal from the order dated February 23, 2007 (Appellate Division Docket No. 2007-02801), on the ground that the appeal has been rendered academic. Application by the respondent James T. Hytner pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to serve and file a brief on an appeal from the judgment (Appellate Division Docket No. 2006-08130).
Upon the papers filed in support of the motion and the cross motion, and the papers filed in opposition thereto, and upon the application, it is
ORDERED the motion is denied; and it is further,
ORDERED that the cross 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 the application is granted and the respondent James T. Hytner's time to serve and file a brief on the appeal from the judgment (Appellate Division Docket No. 2006-08130) is enlarged until June 25, 2007, and the respondent James T. Hytner's brief must be served and filed on or before that date.
RIVERA, J.P., FLORIO, FISHER and DILLON, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court