Cohen v Schachter
Motion No: 2007-08665
Slip Opinion No: 2008 NYSlipOp 66304(U)
Decided on March 13, 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.


Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M67525

E/sl

REINALDO E. RIVERA, J.P.

FRED T. SANTUCCI

EDWARD D. CARNI

THOMAS A. DICKERSON, JJ.

2007-08665

Mina Cohen, plaintiff-respondent,

v Joseph Schachter, et al., defendants,

Fimor Construction Corp., appellant;

Yossi Gold, etc., et al., nonparty-respondents.

(Index No. 20089/04)

DECISION & ORDER ON MOTION

Motion by the appellant to stay all proceedings in the above-entitled action, including the trial, pending hearing and determination of an appeal from an order of the Supreme Court, Kings County, dated August 15, 2007. Separate motion by the plaintiff-respondent, inter alia, to enlarge the record to include certain documents and to enlarge the time to serve and file a brief.

Upon the papers filed in support of the motions, the papers filed in opposition and in relation to the appellant's motion, and the papers filed in opposition and in relation to the plaintiff-respondent's motion, it is

ORDERED that the appellant's motion to stay all proceedings is denied; and it is further,

ORDERED that the plaintiff-respondent's motion, inter alia, to enlarge the record to include certain documents and to enlarge the time to serve and file a brief is granted to the extent that the record is enlarged to include the seven NYC Department of Buildings Work Permit Data, certified on February 7, 2008, that are annexed to the affirmation of Nancy T. Sherman dated February 11, 2008, in support of the motion as Exhibit A, and the plaintiff-respondent's time to serve and file a brief is enlarged until March 27, 2008, and the plaintiff-respondent's motion is otherwise denied; and it is further,

ORDERED that on or before March 27, 2008, the plaintiff-respondent shall serve and file a supplemental record containing the seven NYC Department of Buildings Work Permit Data, certified on February 7, 2008, that are annexed to the affirmation of Nancy T. Sherman dated February 11, 2008, in support of the motion as Exhibit A, as well as the plaintiff-respondent's brief.

RIVERA, J.P., SANTUCCI, CARNI and DICKERSON, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court