| Last Time Beverage Corp. v F & V Distribution Company, |
| Motion No: 2010-03438 |
| Slip Opinion No: 2010 NY Slip Op 87170(U) |
| Decided on November 5, 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
M110595
E/sl
STEVEN W. FISHER, J.P.
ANITA R. FLORIO
JOHN M. LEVENTHAL
L. PRISCILLA HALL, JJ.
|
2010-03438 Last Time Beverage Corp., et al., respondents, v F & V Distribution Company, LLC, et al., appellants. (Action No. 1) J.C. Tea, Inc., et al., respondents, v F & V Distribution Company, LLC, et al., appellants. (Action No. 2) (Index No. 11778/00)
| DECISION & ORDER ON MOTION |
Motion by the respondents to dismiss an appeal from an order of the Supreme Court, Nassau County, entered March 2, 2010, on the ground that it is an "[i]nterlocutory [a]ppeal." Application by the appellants pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect the appeal.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, and upon the papers filed in support of the application and no papers having been filed in opposition or in relation thereto, it is
ORDERED that the motion is denied; and it is further,
ORDERED that the application is granted and the appellants' time to perfect the appeal is enlarged until December 20, 2010, and the record or appendix on the appeal and the appellants' brief must be served and filed on or before that date.
FISHER, J.P., FLORIO, LEVENTHAL and HALL, JJ., concur.
ENTER:
Matthew G. Kiernan
Clerk of the Court