Kinzelberg v Design Quest, Ltd.
Motion No: 2008-08672
Slip Opinion No: 2009 NY Slip Op 71150(U)
Decided on April 30, 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

M86014

E/cb

MARK C. DILLON, J.P.

ANITA R. FLORIO

RUTH C. BALKIN

LEONARD B. AUSTIN, JJ.

2008-08672

Steven Kinzelberg, appellant, v

Design Quest, Ltd., et al., respondents.

(Index No. 3783/07)

DECISION & ORDER ON MOTION

Motion by the respondent Richard Rubens to stay all proceedings in the above-entitled action pending hearing and determination of an appeal from an order of the Supreme Court, Nassau County, entered May 14, 2008. Application by the respondent Richard Rubens 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 motion is denied; and it is further,

ORDERED that the application is granted and the time of the respondent Richard Rubens to serve and file a brief is enlarged until June 1, 2009, and the brief of the respondent Richard Rubens must be served and filed on or before that date; and it is further,

ORDERED that no further enlargement of time shall be granted.

DILLON, J.P., FLORIO, BALKIN and AUSTIN, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court