| Donis v Duane Reade Drug Stores, Inc. |
| Motion No: 2009-05185 |
| Slip Opinion No: 2010 NY Slip Op 60176(U) |
| Decided on January 6, 2010 |
| 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
M96889
E/sl
PETER B. SKELOS, J.P.
FRED T. SANTUCCI
THOMAS A. DICKERSON
SHERI S. ROMAN, JJ.
|
2009-05185, 2009-05295, 2009-05298 Eddy Donis, etc., et al., respondents, v Duane Reade Drug Stores, Inc., appellant (and a third-party action). (Index No. 15107/04)
| DECISION & ORDER ON MOTION |
Motion by the respondents to enlarge the record on appeals from three orders of the Supreme Court, Queens County, all dated March 31, 2009, to enlarge the time to serve and file a brief, and to dismiss the appeals on the grounds that they have been rendered academic, that no appeal lies from an order denying reargument, and that the appeals are frivolous.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the branch of the motion which is to enlarge the record is 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 respondents' time to serve and file a brief is enlarged until February 5, 2010, and the respondents' brief must be served and filed on or before that date; and it is further,
ORDERED that the branch of the motion which is to dismiss the appeals is held in abeyance and referred to the panel of Justices hearing the appeals for determination upon the argument or submission thereof.
SKELOS, J.P., SANTUCCI, DICKERSON and ROMAN, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court