| Gordon v Grocki |
| Motion No: 2009-04981 |
| Slip Opinion No: 2010 NY Slip Op 61581(U) |
| Decided on January 22, 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
M97602
S/sl
STEVEN W. FISHER, J.P.
DANIEL D. ANGIOLILLO
ARIEL E. BELEN
PLUMMER E. LOTT, JJ.
|
2009-04981 Susan Gordon, respondent, v John Grocki, appellant. (Index No. 202030/07)
| DECISION & ORDER ON MOTION |
Motion by the respondent, inter alia, to dismiss an appeal from an order of the Supreme Court, Nassau County, dated May 11, 2009, on the ground, inter alia, that the appeal has been rendered academic, or 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 branch of the motion which is to dismiss the appeal is held in abeyance and is referred to the panel of Justices hearing the appeal for determination upon the argument or submission of the appeal; and it is further,
ORDERED that the branch of the motion which is to enlarge time is granted, and the respondent's time to serve and file a brief is enlarged until February 22, 2010, and the respondent's brief shall be served and filed on or before that date; and it is further,
ORDERED that the motion is otherwise denied.
FISHER, J.P., ANGIOLILLO, BELEN and LOTT, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court