| Development Strategies Company, LLC, Profit Sharing Pla |
| Motion No: 2008-08890 |
| Slip Opinion No: 2009 NY Slip Op 73778(U) |
| Decided on June 1, 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
M87394
E/sl
MARK C. DILLON, J.P.
FRED T. SANTUCCI
JOSEPH COVELLO
JOHN M. LEVENTHAL, JJ.
|
2008-08890, 2008-09437 Development Strategies Company, LLC, Profit Sharing Plan, respondent, v Astoria Equities, Inc., et al., appellants, et al., defendants. (Index No. 6438-07)
| DECISION & ORDER ON MOTION |
Motion by the respondent to vacate an order on application of this court dated April 27, 2009, granting the appellants' application pursuant to 22 NYCRR 670.8(d)(2) to enlarge their time to perfect appeals from two orders of the Supreme Court, Suffolk County, dated July 21, 2008, and August 13, 2008, respectively, and to dismiss the appeals. Application by the appellants to strike the respondent's reply papers or for leave to file surreply papers.
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 and the application are denied.
DILLON, J.P., SANTUCCI, COVELLO and LEVENTHAL, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court