| Franco v Carriel |
| Motion No: 2007-10582 |
| Slip Opinion No: 2008 NYSlipOp 60905(U) |
| Decided on January 11, 2008 |
| 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
M64791
E/sl
DAVID S. RITTER, J.P.
ROBERT A. LIFSON
DANIEL D. ANGIOLILLO
EDWARD D. CARNI, JJ.
|
2007-10582 Luis Franco, et al., respondents, v Sean Carriel, et al., appellants, et al., defendant. (Index No. 23268-04)
| DECISION & ORDER ON MOTION |
Motion by the appellants to stay the trial in the above-entitled action pending hearing and determination of an appeal from an order of the Supreme Court, Suffolk County, dated September 26, 2007. Cross motion by the respondents to dismiss the appeal on the ground that the notice of appeal was not timely filed. Separate motion by the appellants to extend the time to file the notice of appeal, which notice of appeal was timely served.
Upon the papers filed in support of the motions and the cross motion, and the papers filed in opposition and relation thereto, it is
ORDERED that the motion to stay the trial is denied; and it is further,
ORDERED that the motion to extend the time to file the notice of appeal, which notice of appeal was timely served, is granted, and the notice of appeal is deemed timely filed; and it is further,
ORDERED that the cross motion is denied.
RITTER, J.P., LIFSON, ANGIOLILLO and CARNI, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court