Mahon, Mahon, Kerins & O'Brien, LLC v Moskoff
Motion No: 2009-05842
Slip Opinion No: 2010 NY Slip Op 68717(U)
Decided on April 16, 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

M101483

E/sl

STEVEN W. FISHER, J.P.

MARK C. DILLON

THOMAS A. DICKERSON

RANDALL T. ENG, JJ.

2009-05842

Mahon, Mahon, Kerins & O'Brien, LLC, plaintiff,

v David Moskoff, appellant, Malen & Associates,

P.C., etc., et al., respondents.

(Index No. 6751/08)

DECISION & ORDER ON MOTION

Motion by the appellant on an appeal from an order of the Supreme Court, Nassau County, entered May 26, 2009, to waive the requirements of 22 NYCRR 670.10.2(f) regarding certification of the appellant's appendix, to enlarge the time to serve and file a brief, and, in effect, to hold the appeal in abeyance pending the determination of another related appeal.

Upon the papers filed in support of the motion and no papers having been filed in opposition thereto, it is

ORDERED that the branch of the motion which is to waive the requirements of 22 NYCRR 670.10.2(f) regarding certification of the appellant's appendix is granted; and it is further,

ORDERED that the branch of the motion which is to enlarge the time to serve and file a brief is granted, the appellant's time to serve and file a brief is enlarged until June 3, 2010, and the appellant's brief must be served and filed on or before that date; and it is further,

ORDERED that the branch of the motion which is, in effect, to hold the appeal in abeyance pending the determination of another related appeal is denied.

FISHER, J.P., DILLON, DICKERSON and ENG, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court