| Cirincione v Atlantic Hylan Corp. |
| Motion No: 2007-06505 |
| Slip Opinion No: 2008 NYSlipOp 64469(U) |
| Decided on February 22, 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
M66657
E/sl
ROBERT A. LIFSON, J.P.
DAVID S. RITTER
ANITA R. FLORIO
EDWARD D. CARNI, JJ.
|
2007-06505 Salvatore Cirincione, et al., plaintiffs-respondents, v Atlantic Hylan Corp., defendant-respondent, M.J. & T. Corp., appellant. (Index No. 100338/05)
| DECISION & ORDER ON MOTION |
Motion by the plaintiffs-respondents for leave to serve and file a supplemental record on an appeal from an order of the Supreme Court, Richmond County, dated May 24, 2007, and to enlarge the time to serve and file a brief.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the matter is remitted to the Supreme Court, Richmond County, to report on whether the court considered the plaintiffs-respondents' papers submitted in support of their motion to compel the defendant-respondent and the appellant to comply with certain orders of the same court in determining the appellant's motion for summary judgment which resulted in the order dated May 24, 2007, and the motion for leave to serve and file a supplemental record and to enlarge the time to serve and file a brief is held in abeyance in the interim. The Supreme Court, Richmond County, shall file its report with all convenient speed.
LIFSON, J.P., RITTER, FLORIO and CARNI, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court