Appellate Division: Second Judicial Department

M75762

E/sl

STEVEN W. FISHER, J.P.

MARK C. DILLON

WILLIAM E. McCARTHY

ARIEL E. BELEN, JJ.

2008-03300 Justin Alexander, respondent, v Rum Point Tavern, Inc., et al., appellants, et al., defendant. (Index No. 24302-04)

DECISION & ORDER ON MOTION

Motion by the appellant Rum Point Tavern, Inc., to stay all proceedings, including the trial, in the above-entitled action pending hearing and determination of appeals from an order of the Supreme Court, Suffolk County, dated March 11, 2008. Cross motion by the respondent 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 and in relation thereto, and upon the papers filed in support of the cross motion and the papers filed in opposition thereto, the it is

ORDERED that the motion is granted, and all proceedings, including 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 is granted, the respondent's time to serve and file a brief is enlarged until October 17, 2008, and the respondent's 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.

FISHER, J.P., DILLON, McCARTHY and BELEN, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court