Morgan v Neighborhood Partnership Housing Developm
Motion No: 2007-04141
Slip Opinion No: 2007 NYSlipOp 84367(U)
Decided on November 26, 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.


Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M62658

E/sl

REINALDO E. RIVERA, J.P.

ROBERT A. SPOLZINO

DAVID S. RITTER

WILLIAM E. McCARTHY, JJ.

2007-04141

Egbert Morgan, respondent, v Neighborhood

Partnership Housing Development Fund

Company, Inc., defendant, Great American

Construction Co., Inc., appellant

(and third-party actions).

(Index No. 28846/03)

DECISION & ORDER ON MOTION

Motion by the respondent to enlarge the time to serve and file a brief on an appeal from an order of the Supreme Court, Kings County, dated February 7, 2007. Cross motion by the appellant to stay the trial in the above-entitled action pending hearing and determination of the appeal.

Upon the papers filed in support of the motion and no papers having been filed in opposition or relation thereto, and upon the papers filed in support of the cross motion and the papers filed in opposition thereto, it is

ORDERED that the motion is granted, the respondent's time to serve and file a brief is enlarged until December 26, 2007, and the respondent's brief must be served and filed on or before that date; and it is further,

ORDERED that the cross motion is granted, and the trial in the above-entitled action is stayed pending hearing and determination of the appeal.

RIVERA, J.P., SPOLZINO, RITTER and McCARTHY, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court