Metropolitan Bank & Trust Company v Wittich
Motion No: 2007-00884
Slip Opinion No: 2008 NYSlipOp 70742(U)
Decided on May 1, 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

M69785

E/sl

PETER B. SKELOS, J.P.

DAVID S. RITTER

ANITA R. FLORIO

THOMAS A. DICKERSON, JJ.

2007-00884

Metropolitan Bank & Trust Company, appellant,

v Rolf W. Wittich, et al., respondents.

(Appeal No. 1)

2007-10659

Metropolitan Bank & Trust Company, respondent,

v Rolf W. Wittich, et al., appellants.

(Appeal No. 2)

(Index No. 2193-04)

DECISION & ORDER ON MOTION

Motion by Rolf W. Wittich on an appeal from an order of the Supreme Court, Suffolk County, dated November 28, 2006, and appeals from an order of the same court dated October 19, 2007, respectively, to enlarge the time to serve and file a brief as a respondent on the appeal from the order dated November 28, 2006 (Appellate Division Docket No. 2007-00884), and to enlarge the time to serve and file a brief as an appellant on the appeals from the order dated October 19, 2007 (Appellate Division Docket No. 2007-10659).

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

ORDERED that the motion is granted; and it is further,

ORDERED that on or before May 15, 2008, Rolf W. Wittich shall serve and file a brief as a respondent on the appeal from the order dated November 28, 2006 (Appellate Division Docket No. 2007-00884); and it is further,

ORDERED that on or before May 15, 2008, Rolf W. Wittich shall serve and file a brief as an appellant on the appeals from the order dated October 19, 2007 (Appellate Division Docket No. 2007-10659); and it is further,

ORDERED that on or before May 30, 2008, Metropolitan Bank & Trust Company shall serve and file a reply brief on the appeal from the order dated November 28, 2006 (Appellate Division Docket No. 2007-00884); and it is further,

ORDERED that on or before June 19, 2008, Metropolitan Bank & Trust Company shall serve and file a brief as a respondent on the appeals from the order dated October 19, 2007 (Appellate Division Docket No. 2007-10659).

SKELOS, J.P., RITTER, FLORIO and DICKERSON, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court