| Montalvo v Mumpus Restorations, Inc. |
| Motion No: 2009-00958 |
| Slip Opinion No: 2009 NY Slip Op 85394(U) |
| Decided on October 8, 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
M92912
E/sl
STEVEN W. FISHER, J.P.
JOSEPH COVELLO
THOMAS A. DICKERSON
PLUMMER E. LOTT, JJ.
|
2009-00958 Albert Guilbe Montalvo, respondent, v Mumpus Restorations, Inc., appellant. (Index No. 6139/06)
| DECISION & ORDER ON MOTION |
Motion by the appellant to hold in abeyance an appeal from an order of the Supreme Court, Queens County, entered December 12, 2008, and to stay all proceedings in the above-entitled action, pending determination of an action entitled Utica First Insurance Company v Mumpus Restorations, Inc., pending in the same court under Index No. 9221/09.
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 denied; and it is further,
ORDERED that the appellant's time to perfect the appeal is enlarged until November 23, 2009, and the record or appendix on the appeal and the appellant'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.
FISHER, J.P., COVELLO, DICKERSON and LOTT, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court