Smith v Merrill Lynch & Co., Inc.
Motion No: 2009-00465
Slip Opinion No: 2009 NY Slip Op 78238(U)
Decided on July 16, 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

M89491

S/cb

2009-00465

Noel Smith, plaintiff-respondent,

v Merrill Lynch & Co., Inc., appellant,

Fitzgerald & Fitzgerald, et al.,

defendants-respondents.

(Index No. 9299/04)

ORDER ON APPLICATION

Application by the defendant-respondent Fitzgerald & Fitzgerald pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to serve and file a brief on an appeal from an order of the Supreme Court, Nassau County, entered November 26, 2008.

ORDERED that the application is granted and the time of the defendant-respondent Fitzgerald & Fitzgerald to serve and file a brief is enlarged until August 7, 2009, and the brief of the defendant-respondent Fitzgerald & Fitzgerald must be served and filed on or before that date.

ENTER:

James Edward Pelzer

Clerk of the Court