| Smith v Merrill Lynch & Co., Inc. |
| Motion No: 2008-03323 |
| Slip Opinion No: 2008 NYSlipOp 85448(U) |
| Decided on October 9, 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
M76811
S/sl
STEVEN W. FISHER, J.P.
JOSEPH COVELLO
WILLIAM E. McCARTHY
JOHN M. LEVENTHAL, JJ.
|
2008-03323
Noel Smith, plaintiff, v Merrill Lynch & Co., Inc., defendant-appellant, Fitzgerald & Fitzgerald, P.C., defendant third-party plaintiff-appellant; County of Nassau, third-party defendant-respondent, et al., third-party defendants. (Index No. 9299/04)
| DECISION & ORDER ON APPLICATION |
Application by the defendant third-party plaintiff-appellant pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect an appeal from an order of the Supreme Court, Nassau County, dated March 3, 2008.
Upon the papers filed in support of the motion and no papers having been filed in opposition thereto, it is
ORDERED that the appeal by Merill Lynch & Co., Inc., is dismissed, without costs or disbursements, as it is not aggrieved by the order on appeal (see Pennsylvania General Ins. Co., v Austin Powder Co., 68 NY2d 465, 472-473); and it is further,
ORDERED that the application is granted and the movant's time to perfect the appeal is enlarged until December 8, 2008, and the record or appendix on the appeal and the movant's brief must be served and filed on or before that date.
FISHER, J.P., COVELLO, McCARTHY and LEVENTHAL, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court