| Smith v Merrill Lynch & Co., Inc. |
| Motion No: 2008-03323 |
| Slip Opinion No: 2009 NYSlipOp 66574(U) |
| Decided on March 13, 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
M83664
E/cb
STEVEN W. FISHER, J.P.
HOWARD MILLER
RUTH C. BALKIN
ARIEL E. BELEN, JJ.
|
2008-03323
Noel Smith, plaintiff, v Merrill Lynch & Co., Inc., defendant, Fitzgerald & Fitzgerald, P.C., defendant third-party plaintiff-appellant; County of Nassau, third-party defendant-respondent, et al., third-party defendants. (Index No. 9299/04)
| DECISION & ORDER ON MOTION |
Motion by Fitzgerald & Fitzgerald, P.C., to enlarge the time to perfect an appeal from an order of the Supreme Court, Nassau County, dated March 3, 2008.
Upon the papers filed in support of the motion and the papers filed in relation thereto, it is
ORDERED that the motion is granted and the appellant's time to perfect the appeal is enlarged until April 3, 2009, and the record or appendix on the appeal and the appellant's brief must be served and filed on or before that date; and it is further,
ORDERED that no further enlargement of time shall be granted.
FISHER, J.P., MILLER, BALKIN and BELEN, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court