Avila v Plaza Construction Corp.
Motion No: 2009-08870
Slip Opinion No: 2010 NY Slip Op 68094(U)
Decided on April 12, 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

M101257

E/sl

MARK C. DILLON, J.P.

RUTH C. BALKIN

THOMAS A. DICKERSON

PLUMMER E. LOTT, JJ.

2009-08870

Everardo Avila, respondent, v Plaza

Construction Corp., et al., appellants.

(Index No. 2976/06)

DECISION & ORDER ON MOTION

Motion by the respondent to enlarge the time to serve and file a brief on an appeal from an order of the Supreme Court, Kings County, dated June 29, 2009, and to hold the appeal in abeyance pending determination by the Supreme Court, Kings County of the respondent's motion to enforce a settlement agreement.

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

ORDERED that the motion is denied.

DILLON, J.P., BALKIN, DICKERSON and LOTT, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court