Smith v Merrill Lynch & Co., Inc.
Motion No: 2008-03323
Slip Opinion No: 2009 NY Slip Op 86156(U)
Decided on October 19, 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

M93264

E/sl

WILLIAM F. MASTRO, J.P.

RUTH C. BALKIN

RANDALL T. ENG

JOHN M. LEVENTHAL, 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 Fitzgerald & Fitzgerald, P.C., to enlarge the time to serve and file a reply 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 application is granted and the reply brief shall be served and filed on or before October 23, 2009; and it is further,

ORDERED that no further enlargement of time shall be granted.

MASTRO, J.P., BALKIN, ENG and LEVENTHAL, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court