L.D. Wenger Construction Co., Inc. v Unbuildit, Inc.
Motion No: 2009-01280
Slip Opinion No: 2009 NY Slip Op 89973(U)
Decided on December 1, 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

M95209

E/sl

MARK C. DILLON, J.P.

FRED T. SANTUCCI

ANITA R. FLORIO

L. PRISCILLA HALL, JJ.

2009-01280, 2009-01283

L.D. Wenger Construction Co., Inc., respondent,

v Unbuildit, Inc., et al., appellants.

(Index No. 09840-06)

DECISION & ORDER ON MOTION

Motion by the appellants, in effect, to hold in abeyance appeals from an interlocutory judgment of the Supreme Court, Suffolk County, entered April 29, 2008, and an order of the same court dated December 3, 2008, pending the trial in the above-entitled action.

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 to the extent that the appellants' time to perfect the appeals is enlarged until December 31, 2009, and the record or appendix on the appeals and the appellants' 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.

DILLON, J.P., SANTUCCI, FLORIO and HALL, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court