Shickler v Cary
Motion No: 2007-09372
Slip Opinion No: 2008 NYSlipOp 84420(U)
Decided on September 30, 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

M76384

E/sl

A. GAIL PRUDENTI, P.J.

FRED T. SANTUCCI

WILLIAM E. McCARTHY

CHERYL E. CHAMBERS, JJ.

2007-09372

Maria Shickler, appellant,

v Joelaine Cary, et al., respondents.

(Index No. 14445/05)

DECISION & ORDER ON MOTION

Motion by the respondent Joelaine Cary to dismiss an appeal from an order of the Supreme Court, Nassau County, dated August 21, 2007, on the ground that the action was settled by a certain stipulation of settlement, 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 dismiss the appeal 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 October 27, 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

PRUDENTI, P.J., SANTUCCI, McCARTHY and CHAMBERS, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court