| Smith v Merrill Lynch & Co., Inc. |
| Motion No: 2009-00465 |
| Slip Opinion No: 2009 NY Slip Op 81817(U) |
| Decided on August 27, 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
M91279
E/sl
PETER B. SKELOS, J.P.
ANITA R. FLORIO
JOSEPH COVELLO
RUTH C. BALKIN, JJ.
|
2009-00465 Noel Smith, plaintiff-respondent, v Merrill Lynch & Co., Inc., appellant, Fitzgerald & Fitzgerald, et al., defendants-respondents. (Index No. 9299/04)
| DECISION & ORDER ON MOTION |
Motion by the plaintiff-respondent 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. Application by the appellant to stay all proceedings in the above-entitled action pending hearing and determination of the appeal.
Upon the papers filed in support of the motion and the papers filed in relation thereto, and upon the application, it is
ORDERED that the motion is granted and the time of the plaintiff-respondent to serve and file a brief is enlarged until September 24, 2009, and the brief of the plaintiff-respondent must be served and filed on or before that date; and it is further,
ORDERED that no further enlargement of time shall be granted; and it is further,
ORDERED that the application is denied without prejudice to making a motion for that relief (see CPLR 8022[b]).
SKELOS, J.P., FLORIO, COVELLO and BALKIN, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court