Smith v Merrill Lynch & Co., Inc.
Motion No: 2008-03323
Slip Opinion No: 2009 NY Slip Op 78877(U)
Decided on July 23, 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

M89910

E/sl

PETER B. SKELOS, J.P.

JOHN M. LEVENTHAL

L. PRISCILLA HALL

LEONARD B. AUSTIN, 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 the County of Nassau to enlarge the time to serve and file a brief on 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 no papers having been filed in opposition or in relation thereto, it is

ORDERED that the motion is granted and County of Nassau's time to serve and file a brief is enlarged until August 24, 2009, and the County of Nassau'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.

SKELOS, J.P., LEVENTHAL, HALL and AUSTIN, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court