Matter of Fortuniewicz v Cohen
Motion No: 2008-01863
Slip Opinion No: 2008 NYSlipOp 71651(U)
Decided on May 9, 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

M70228

E/cb

STEVEN W. FISHER, J.P.

ANITA R. FLORIO

JOSEPH COVELLO

EDWARD D. CARNI, JJ.

2008-01863

In the Matter of John P. Fortuniewicz,

petitioner, v Jeffrey Cohen, etc., respondent.

DECISION & ORDER ON MOTION

Motion by the petitioner, in effect, to hold in abeyance a proceeding pursuant to CPLR article 78 and to enlarge the time to serve and file a reply.

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 branch of the motion which is, in effect, to hold the proceeding in abeyance is denied; and it is further,

ORDERED that the branch of the motion which is to enlarge the time to serve and file a reply is granted, the petitioner's time to serve and file a reply is enlarged until May 19, 2008, and the reply must be served and filed on or before that date.

FISHER, J.P., FLORIO, COVELLO and CARNI, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court