| Nocella v Fort Dearborn Life Insurance Co. of New York |
| Motion No: 2010-01815 |
| Slip Opinion No: 2010 NY Slip Op 82366(U) |
| Decided on September 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. |
Appellate Division: Second Judicial Department
M108367
E/sl
PETER B. SKELOS, J.P.
DANIEL D. ANGIOLILLO
L. PRISCILLA HALL
PLUMMER E. LOTT, JJ.
|
2010-01815 Brian Nocella, appellant, v Fort Dearborn Life Insurance Co., of New York, et al., respondents, Union Security Life Insurance Co., of New York, et al., defendants. (Index No. 437/08)
| DECISION & ORDER ON MOTION |
Motion by Emigrant Mortgage Company, Inc., in effect, to hold in abeyance an appeal from an order of the Supreme Court, Nassau County, dated December 10, 2009, pending determination by the Supreme Court, Nassau County, of its motion to dismiss the complaint. Application by Emigrant Mortgage Company, Inc., pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to serve and file a brief.
Upon the papers filed in support of the application and the papers filed in opposition thereto, and upon the application, it is
ORDERED that the motion is denied; and it is further,
ORDERED that the application is denied on the ground that Emigrant Mortgage Company, Inc., is not a respondent on the appeal.
SKELOS, J.P., ANGIOLILLO, HALL and LOTT, JJ., concur.
ENTER:
Matthew G. Kiernan
Clerk of the Court