| 3094 Brighton, LLC v Zurich Specialties |
| Motion No: 2009-02499 |
| Slip Opinion No: 2009 NY Slip Op 92912(U) |
| Decided on December 31, 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
M96709
E/sl
RUTH C. BALKIN, J.P.
THOMAS A. DICKERSON
JOHN M. LEVENTHAL
PLUMMER E. LOTT, JJ.
|
2009-02499 3094 Brighton, LLC, respondent, v Zurich Specialties, appellant, et al., defendants. (Index No. 28907/07)
| DECISION & ORDER ON MOTION |
Motion by 3094 Brighton, LLC, to dismiss an appeal from an order of the Supreme Court, Kings County, dated February 9, 2009, on the ground that it has been rendered academic, or, in the alternative, to enlarge the record and to enlarge the time to serve and file a brief.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the branches of the motion which are to dismiss the appeal and to enlarge the record are denied; and it is further,
ORDERED that the branch of the motion which is to enlarge the time to serve and file a brief is granted, the time of 3094 Brighton, LLC, to serve and file a brief is enlarged until February 1, 2010, and the brief of 3094 Brighton, LLC, must be served and filed on or before that date.
BALKIN, J.P., DICKERSON, LEVENTHAL and LOTT, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court