Matter of Soto v Fisher
Motion No: 2008-00231
Slip Opinion No: 2008 NYSlipOp 84063(U)
Decided on September 25, 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

M76202

E/sl

ROBERT A. SPOLZINO, J.P.

DAVID S. RITTER

FRED T. SANTUCCI

EDWARD D. CARNI, JJ.

2008-00231

In the Matter of Anselmo Soto, Jr., etc., appellant,

v Brian Fisher, respondent.

(Index No. 5996/07)

DECISION & ORDER ON MOTION

Motion by the respondent to hold in abeyance an appeal from a judgment of the Supreme Court, Dutchess County, dated November 28, 2007, or, in the alternative, 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 hold the appeal in abeyance is denied; and it is further,

ORDERED that the branch of the motion which is to enlarge the respondent's time to serve and file a brief is granted, the respondent's time to serve and file a brief is enlarged until November 24, 2008, and the respondent's brief must be served and filed on or before that date.

SPOLZINO, J.P., RITTER, SANTUCCI and CARNI, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court