Courtright v Orange and Rockland Utilities, Inc.
Motion No: 2008-01562
Slip Opinion No: 2008 NYSlipOp 79849(U)
Decided on August 12, 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

M74163

E/sl

ROBERT A. LIFSON, J.P.

ANITA R. FLORIO

DANIEL D. ANGIOLILLO

ARIEL E. BELEN, JJ.

2008-01562, 2008-01563

Arthur Courtright, respondent, v Orange

and Rockland Utilities, Inc., appellant,

et al., defendants

(and a third-party action).

(Appeal No. 1)

Arthur Courtright, plaintiff, v Orange and

Rockland Utilities, Inc., defendant third-party

plaintiff-appellant, et al., defendants;

Stanley Winters, et al., third-party defendants,

Lloyd A. Carter, et al., third-party defendants-

respondents.

(Appeal No. 2)

(Index No. 04-8744)

DECISION & ORDER ON MOTION

Motion by Orange and Rockland Utilities, Inc., to expedite appeals from two orders of the Supreme Court, Orange County, both dated January 7, 2008, so that the appeals are decided before January 20, 2009, or to stay the trial in the above-entitled action pending hearing and determination of the appeals. Cross motion by the County of Orange to enlarge the time to serve and file a brief. Application by John Katulak 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, the cross motion, and the application, the papers filed in relation to the motion, and the papers filed in opposition to the cross motion, it is

ORDERED that the branch of the motion which is to expedite the appeals is denied; and it is further,

ORDERED that the branch of the motion which is to stay the trial in the above-entitled action is granted and the trial in the above-entitled action is stayed pending hearing and determination of the appeals; and it is further,

ORDERED that the cross motion and the application are granted, the time of the County of Orange and John Katulak to serve and file their briefs is enlarged until September 25, 2008, and the briefs must be served and filed on or before that date; and it is further,

ORDERED that no further enlargement of time shall be granted.

LIFSON, J.P., FLORIO, ANGIOLILLO and BELEN, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court