| Messer v Keyspan Energy Delivery, Inc. |
| Motion No: 2008-01906 |
| Slip Opinion No: 2008 NYSlipOp 82992(U) |
| Decided on September 15, 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
M75677
E/sl
ROBERT A. SPOLZINO, J.P.
DAVID S. RITTER
FRED T. SANTUCCI
EDWARD D. CARNI, JJ.
|
2008-01906 Richard Messer, etc., et al., appellants, v Keyspan Energy Delivery, Inc., et al., defendants, New York City Transit Authority, et al., respondents. (Index No. 25478/00)
| DECISION & ORDER ON MOTION |
Motion by the respondents to dismiss an appeal from an order of the Supreme Court, Kings County, dated January 22, 2008, on the ground that the appellants have "accepted the benefits of the order" dated January 22, 2008, and are barred "from challenging it". Application by the appellant pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to serve and file a reply 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 reply briefs submitted to the Clerk of the court are accepted for filing.
SPOLZINO, J.P., RITTER, SANTUCCI and CARNI, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court