Dan Bailey, Felicity Loughrey, Andre Wiesmayr & Deanne Cheuk v Evelyn Suarez
Motion No: 2008-01774 KC
Slip Opinion No: 2009 NYSlipOp 64484(U)
Decided on February 23, 2009
Appellate Term, 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 TERM : 2nd, 11th and 13th JUDICIAL DISTRICTS


PRESENT : PESCE, P.J., WESTON PATTERSON and RIOS, JJ.


NO. 2008-1774 K C
DAN BAILEY, FELICITY LOUGHREY,
ANDRE WIESMAYR and DEANNE CHEUK,

Respondents,

-against-

EVELYN SUAREZ,

Appellant,

-and-

"JANE JOE" AND "JANE DOE"

Undertenant.

DECISION

That branch of respondents' motion seeking to dismiss the appeal as moot is denied without prejudice to the parties addressing that issue upon the appeal.

That branch of respondents' motion seeking to stay the appeal is denied.

That branch of respondents' motion seeking an enlargement of time to file their respondents' brief is granted, and said brief shall be served and filed by respondents within 21 days of the date of the order hereon.

Appellant, if she be so advised, may serve and file a reply brief within

7 days after the date that the respondents' brief is due to be filed pursuant to this order.