| Matter of Eagle Valley Corp. v Bollatto |
| Motion No: 2008-00256 |
| Slip Opinion No: 2008 NYSlipOp 88179(U) |
| Decided on November 3, 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
M78058
E/sl
ANITA R. FLORIO, J.P.
HOWARD MILLER
EDWARD D. CARNI
ARIEL E. BELEN, JJ.
|
2008-00256 In the Matter of Eagle Valley Corp., appellant, v Thomas F. Bollatto, Jr., etc., respondent. (Index No. 06-9658)
| DECISION & ORDER ON MOTION |
Motion by the respondent to dismiss an appeal from a judgment of the Supreme Court, Rockland County, dated November 14, 2007, on the ground that it has been rendered academic 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 held in abeyance and referred to the panel of Justices hearing the appeal for determination upon the argument or submission thereof; 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 December 1, 2008, and the respondent's brief must be served and filed on or before that date.
FLORIO, J.P., MILLER, CARNI and BELEN, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court