| Madison Physical Therapy, P.C. v 3311 Shore Parkway Co |
| Motion No: 2009-05889 |
| Slip Opinion No: 2010 NY Slip Op 67021(U) |
| Decided on March 30, 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
M100604
E/sl
REINALDO E. RIVERA, J.P.
MARK C. DILLON
ANITA R. FLORIO
RUTH C. BALKIN, JJ.
|
2009-05889 Madison Physical Therapy, P.C., respondent, v 3311 Shore Parkway Corp., appellant, et al., defendant. (Index No. 43168/01)
| DECISION & ORDER ON MOTION |
Motion by the respondent to hold in abeyance an appeal from an order of the Supreme Court, Kings County, dated May 19, 2009, pending determination of its motion for resettlement of an order of the same court dated December 21, 2009, and to enlarge its time to serve and file a brief.
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 to hold in abeyance the appeal from the order dated May 19, 2009, is granted and the parties shall notify this court expeditiously when the respondent's motion for resettlement of an order of the Supreme Court, Kings County, dated December 21, 2009, is determined by the Supreme Court, Kings County, as well as furnish this court with a copy of the order determining that motion; and it is further,
ORDERED that the branch of the motion which is to enlarge the respondent's time to serve and file a brief is held in abeyance in the interim.
RIVERA, J.P., DILLON, FLORIO and BALKIN, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court