| Fiber Consultants, Inc. v Fiber Optek Interconnect Corp. |
| Motion No: 2009-10131 |
| Slip Opinion No: 2010 NY Slip Op 88423(U) |
| Decided on November 19, 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
M111088
E/sl
WILLIAM F. MASTRO, J.P.
RUTH C. BALKIN
RANDALL T. ENG
L. PRISCILLA HALL, JJ.
|
2009-10131 Fiber Consultants, Inc., respondent, v Fiber Optek Interconnect Corp., et al., defendants, Michael S. Pascazi, appellant. (Index No. 2697/02)
| DECISION & ORDER ON MOTION |
Motion by the respondent to dismiss an appeal from an order of the Supreme Court, Dutchess County, dated October 1, 2009, on the ground that the matter has been settled and to impose a sanction upon the appellant, or to enlarge the time to serve and file a brief for a period of 45 days.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the branch of the motion which is to dismiss the appeal on the ground that the matter has been settled is held in abeyance and referred to the panel of Justices hearing the appeal for determination upon the argument or submission thereof; 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 to the extent that the respondent's time to serve and file a brief is enlarged until December 17, 2010, and the respondent's brief must be served and filed on or before that date; and it is further,
ORDERED that the motion is otherwise denied.
MASTRO, J.P., BALKIN, ENG and HALL, JJ., concur.
ENTER:
Matthew G. Kiernan
Clerk of the Court