Murphy v Clayton Park Development, LLC
Motion No: 2009-04061
Slip Opinion No: 2010 NY Slip Op 63571(U)
Decided on February 18, 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.


Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M98693

E/sl

STEVEN W. FISHER, J.P.

FRED T. SANTUCCI

RANDALL T. ENG

CHERYL E. CHAMBERS, JJ.

2009-04061

Michael Murphy, plaintiff-respondent,

v Clayton Park Development, LLC,

defendant-appellant, Worth Construction Co.,

Inc., defendant third-party plaintiff-appellant;

Hackensack Steel Corp., et al., third-party

defendants-respondents

(and another third-party action).

(Index No. 02-2247)

DECISION & ORDER ON MOTION

Motion by Central Enterprises, Inc., to dismiss an appeal from an amended judgment of the Supreme Court, Westchester County, dated April 7, 2009, insofar as asserted against it and to strike stated portions of the appellants' brief, or to enlarge its time to serve and file a brief. Separate motion by Michael Murphy, inter alia, to dismiss the appeal insofar as asserted against him and to strike stated portions of the appellants' brief, or to enlarge his time to serve and file a brief. Application by Hackensack Steel Corp. pursuant to 22 NYCRR 670.8(d)(2) to enlarge its time to serve and file a brief.

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

ORDERED that the branches of the motions which are to dismiss the appeal insofar as asserted against the movants and to strike stated portions of the appellants' brief are held in abeyance and referred to the panel of Justices hearing the appeal for determination upon the argument or submission thereof; and it is further,

ORDERED that the branches of the motions which are to enlarge the movants' time to serve and file a brief and the application are granted, the time of Michael Murphy, Hackensack Steel Corp., and Central Enterprises, Inc., to serve and file their briefs is enlarged until March 22, 2010, and those briefs must be served and filed on or before that date; and it is further,

ORDERED that the motion by Michael Murphy is otherwise denied.

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

ENTER:

James Edward Pelzer

Clerk of the Court