Frankson v Brown & Williams Tobacco Corp.
Motion No: 2007-06254
Slip Opinion No: 2008 NYSlipOp 71937(U)
Decided on May 14, 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

M70453

E/sl

REINALDO E. RIVERA, J.P.

ROBERT A. SPOLZINO

THOMAS A. DICKERSON

RANDALL T. ENG, JJ.

2007-06254

Gladys Frankson, etc., et al., respondents,

v Brown & Williams Tobacco Corp., et al.,

appellants.

(Index No. 24915/00)

DECISION & ORDER ON MOTION

Motion by the respondents to dismiss an appeal from a judgment of the Supreme Court, Kings County, entered June 26, 2007, or, in the alternative, 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 branch of the motion which is to dismiss the appeal is held in abeyance and referred to the panel of Justices hearing the appeal for determination upon the argument or submission thereof; and it is further,

ORDERED that the branch of the motion which is to enlarge the time to serve and file a brief is granted, the respondents' time to serve and file a brief is enlarged until June 12, 2008, and the respondents' brief must be served and filed on or before that date.

RIVERA, J.P., SPOLZINO, DICKERSON and ENG, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court