Dweck v Lemmo
Motion No: 2008-05763
Slip Opinion No: 2009 NYSlipOp 60210(U)
Decided on January 8, 2009
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

M80814

E/sl

ROBERT A. SPOLZINO, J.P.

FRED T. SANTUCCI

JOHN M. LEVENTHAL

CHERYL E. CHAMBERS, JJ.

2008-05763

Stuart M. Dweck, respondent,

v Edward A. Lemmo, etc., et al., defendants,

Nicholas I. Timko, et al., appellants.

(Index No. 08-7148)

DECISION & ORDER ON MOTION

Motion by the respondent to hold in abeyance an appeal from an order of the Supreme Court, Westchester County, dated June 3, 2008, pending determination by the Supreme Court, Westchester County, of a motion made by Ripka, Rotter & King, LLP.

Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is

ORDERED that the motion is granted to the extent that the respondent's time to serve and file a brief is enlarged until February 6, 2009, and the respondent's brief must be served and filed on or before that date, and the motion is otherwise denied; and it is further,

ORDERED that no further enlargement of time shall be granted.

SPOLZINO, J.P., SANTUCCI, LEVENTHAL and CHAMBERS, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court