Loeffler v Sirius America Insurance Company
Motion No: 2009-02761
Slip Opinion No: 2009 NY Slip Op 88780(U)
Decided on November 17, 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

M94568

E/sl

WILLIAM F. MASTRO, J.P.

FRED T. SANTUCCI

RANDALL T. ENG

CHERYL E. CHAMBERS, JJ.

2009-02761

Chaim Loeffler, appellant,

v Sirius America Insurance Company,

et al., respondents.

(Index No. 07-3656)

DECISION & ORDER ON MOTION

Motion by the respondents to strike the appellant's brief on an appeal from an order of the Supreme Court, Rockland County, dated January 17, 2009, on the ground that the appellant's counsel has been disqualified from representing him on the appeal, and to dismiss the appeal, or to enlarge the time to serve and file a brief. Application by the appellant for leave for counsel to represent him on the appeal.

Upon the papers filed in support of the application and the papers filed in opposition thereto, and upon the application, it is

ORDERED that the application is granted and Solomon Rosengarten is granted leave to represent the appellant on the appeal; and it is further,

ORDERED that the branch of the motion which is to enlarge the respondents' time to serve and file a brief is granted, the respondents' time to serve and file a brief is enlarged until December 17, 2009, and the respondents' brief must be served and filed on or before that date; and it is further,

ORDERED that the motion is otherwise denied.

MASTRO, J.P., SANTUCCI, ENG and CHAMBERS, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court