| Wilder v May Department Stores Company |
| Motion No: 2009-02188 |
| Slip Opinion No: 2010 NY Slip Op 66565(U) |
| Decided on March 25, 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
M100362
E/sl
FRED T. SANTUCCI, J.P.
DANIEL D. ANGIOLILLO
JOHN M. LEVENTHAL
PLUMMER E. LOTT, JJ.
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2009-02188, 2009-04729 Ben Wilder, etc., respondent-appellant, v May Department Stores Company, etc., appellant-respondent. (Appeal No. 1) Ben Wilder, etc., respondent, v May Department Stores Company, etc., appellant. (Appeal No. 2) (Index No. 8577/02)
| DECISION & ORDER ON MOTION |
Motion by May Department Stores Company, in effect, to hold in abeyance an appeal and cross appeal from an order of the Supreme Court, Queens County, dated January 22, 2009, and an appeal from an order of the same court dated April 7, 2009, pending judicial approval of a settlement between the parties, or to enlarge the time to perfect the appeal.
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 branch of the motion which is, in effect, to hold in abeyance the appeal and cross appeal from the order dated January 22, 2009 (Appellate Division Docket No. 2009-02188), is denied; and it is further,
ORDERED that the branch of the motion which is to enlarge the time to perfect the appeal and cross appeal from the order dated January 22, 2009 (Appellate Division Docket No. 2009-02188), is granted, May Department Stores Company's time to perfect the appeal is enlarged until May 24, 2010, and the joint record on appeal (see 22 NYCRR 670.8[c][1]) and the May Department Stores Company's 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; and it is further,
ORDERED that Ben Wilder shall serve and file an answering brief, including points of argument on the cross appeal, in accordance with the rules of the court (see 22 NYCRR 670.8[c][3]); and it is further,
ORDERED that the motion is denied as academic with respect to the appeal from the order dated April 7, 2009 (Appellate Division Docket No. 2009-04729), as that appeal was dismissed by decision and order on motion dated February 19, 2010.
SANTUCCI, J.P., ANGIOLILLO, LEVENTHAL and LOTT, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court