Howell v RS Cab Corp.
Motion No: 2008-05618
Slip Opinion No: 2009 NYSlipOp 63703(U)
Decided on February 18, 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

M82616

E/sl

WILLIAM F. MASTRO, J.P.

JOSEPH COVELLO

RANDALL T. ENG

JOHN M. LEVENTHAL, JJ.

2008-05618, 2008-09569

Ameth Howell, respondent,

v RS Cab Corp., et al., defendants,

Courier Car Rentals, Inc., et al., appellants.

(Index No. 28020/06)

DECISION & ORDER ON MOTION

Motion by the respondent to dismiss an appeal from an order of the Supreme Court, Kings County, dated May 15, 2008 (Appellate Division Docket No. 2008-05618), for failure to timely perfect the same, and, upon dismissing that appeal, to dismiss an appeal from an order of the same court dated September 11, 2008 (Appellate Division Docket No. 2008-09569), or, in the alternative, to enlarge the time to serve and file a brief on the appeal from the order dated September 11, 2008. Cross motion by the appellants to stay the trial in the above-entitled action pending hearing and determination of the appeal from the order dated September 11, 2008. Application by the appellants to withdraw the appeal from the order dated May 15, 2008.

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

ORDERED that the application is granted and the appeal from the order dated May 15, 2008 (Appellate Division Docket No. 2008-05618), is deemed withdrawn ,without costs or disbursements; and it is further,

ORDERED that the branch of the motion which is to dismiss an appeal from the order dated May 15, 2008, is denied as academic; and it is further,

ORDERED that the branch of the motion which is to dismiss the appeal from the order dated September 11, 2008, 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 on the appeal from the order dated September 11, 2008 (Appellate Division Docket No. 2008-09569), granted, the respondent's time to serve and file a brief is enlarged until March 20, 2009, and the respondent's brief must be served and filed on or before that date; and it is further,

ORDERED that the cross motion is granted and the trial in the above-entitled action is stayed pending hearing and determination of the appeal from the order dated September 11, 2008.

MASTRO, J.P., COVELLO, ENG and LEVENTHAL, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court