| Rizzo v Torchiano |
| Motion No: 2008-00658 |
| Slip Opinion No: 2008 NYSlipOp 79690(U) |
| Decided on August 8, 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. |
Appellate Division: Second Judicial Department
M74166
E/sl
PETER B. SKELOS, J.P.
STEVEN W. FISHER
MARK C. DILLON
CHERYL E. CHAMBERS, JJ.
|
2008-00658
John M. Rizzo, et al., respondents, v Vito A. Torchiano, appellant. (Index No. 15468/05)
| DECISION & ORDER ON MOTION |
Motion by the respondents to dismiss an appeal from an order of the Supreme Court, Nassau County, entered November 28, 2007, on the ground that it has been rendered academic, or 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 denied; 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 September 8, 2008, and the respondents' brief must be served and filed on or before that date; and it is further,
ORDERED that no further enlargement of time shall be granted.
SKELOS, J.P., FISHER, DILLON and CHAMBERS, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court