NYCTL 1998-2 Trust v Plagakis
Motion No: 2008-05947
Slip Opinion No: 2009 NY Slip Op 75079(U)
Decided on June 12, 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

M87857

E/sl

ROBERT A. SPOLZINO, J.P.

DANIEL D. ANGIOLILLO

CHERYL E. CHAMBERS

PLUMMER E. LOTT, JJ.

2008-05947

NYCTL 1998-2 Trust, et al., plaintiffs-respondents,

v Gus Plagakis, defendant-respondent, University

Studio, Inc., defendant third-party plaintiff-appellant;

John Bouzas, third-party defendant-respondent.

(Index No. 47579/99)

DECISION & ORDER ON MOTION

Motion by Gus Plagakis to dismiss an appeal from an order of the Supreme Court, Kings County, dated April 21, 2008, for failure to perfect the appeal in accordance with the rules of this court, or, in the alternative, to enlarge the time to serve and file a brief. Application by John Bouzas 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 dismiss the appeal is denied; and it is further,

ORDERED that the branch of the motion which is to enlarge Gus Plagakis's time to serve and file a brief and the application to enlarge John Bouzas's time to serve and file a brief are granted and the time of Gus Plagakis and John Bouzas to serve and file their respective briefs is enlarged until July 15, 2009, and their briefs must be served and filed on or before that date; and it is further,

ORDERED that no further enlargement of time shall be granted.

SPOLZINO, J.P., ANGIOLILLO, CHAMBERS and LOTT, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court