Banigan v Hill
Motion No: 2008-02684
Slip Opinion No: 2008 NYSlipOp 76948(U)
Decided on July 3, 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

M72706

E/cb

DAVID S. RITTER, J.P.

DANIEL D. ANGIOLILLO

JOHN M. LEVENTHAL

ARIEL E. BELEN, JJ.

2008-02684

Lawrence Banigan, appellant, v Stephen

R. Hill, respondent.

(Index No. 14076/06)

DECISION & ORDER ON MOTION

Motion by the appellant to stay enforcement of an order of the Supreme Court, Nassau County, dated February 29, 2008, pending hearing and determination of an appeal therefrom, and for a preference in the calendaring of the appeal. Application by the respondent pursuant to 22 NYCRR 670.8(d)(2) 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, and upon the application, it is

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

ORDERED that the application is granted and the respondent's time to serve and file a brief is enlarged until August 4, 2008, and the respondent's brief must be served and filed on or before that date.

RITTER, J.P., ANGIOLILLO, LEVENTHAL and BELEN, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court