| Caracappa v Great Atlantic & Pacific Tea Company, Inc. |
| Motion No: 2008-07648 |
| Slip Opinion No: 2009 NYSlipOp 65654(U) |
| Decided on March 5, 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. |
Appellate Division: Second Judicial Department
M83205
E/sl
ROBERT A. SPOLZINO, J.P.
ANITA R. FLORIO
JOSEPH COVELLO
RANDALL T. ENG, JJ.
|
2008-07648 Maria Caracappa, respondent, v Great Atlantic & Pacific Tea Company, Inc., et al. appellants (and a third-party action). (Index No. 102899/05)
| DECISION & ORDER ON MOTION |
Motion by the appellants to stay the trial in the above-entitled action pending hearing and determination of an appeal from an order of the Supreme Court, Richmond County, dated July 31, 2008, and for a preference in the calendaring of the appeal. Application by the respondent pursuant to 22 NYCRR 670.8(d)(2) 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, and upon the application, it is
ORDERED that the branch of the motion which is to stay the trial is granted, and the trial in the above-entitled action is stayed pending hearing and determination of the appeal; and it is further,
ORDERED that the branch of the motion which is for a preference in the calendaring of the appeal is denied; and it is further,
ORDERED that the application is granted and the respondent's time to serve and file a brief is enlarged until April 2, 2009, and the respondent's brief must be served and filed on or before that date.
SPOLZINO, J.P., FLORIO, COVELLO and ENG, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court