| Baillargeon v Kings County Waterproofing Corp. |
| Motion No: 2010-04912 |
| Slip Opinion No: 2011 NY Slip Op 61570(U) |
| Decided on January 18, 2011 |
| 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
M114200
E/sl
DANIEL D. ANGIOLILLO, J.P.
L. PRISCILLA HALL
SHERI S. ROMAN
JEFFREY A. COHEN, JJ.
|
2010-04912 Roger Baillargeon, et al., respondents, v Kings County Waterproofing Corp., respondent-appellant, Gordon H. Smith Corporation, appellant-respondent, et al., defendants. (Index No. 50648/01)
| DECISION & ORDER ON MOTION |
Motion by the respondent-appellant to stay all proceedings in the above-entitled action, including the trial, pending hearing and determination of an appeal and cross appeal from an order of the Supreme Court, Kings County, dated April 16, 2010.
Upon the papers filed in support of the motion and the papers filed in relation thereto, it is
ORDERED that the motion is granted to the extent that the trial in the above-entitled action is stayed pending hearing and determination of the appeal and cross appeal, and the motion is otherwise denied; and it is further,
ORDERED that on the Court's own motion, the respondent-appellant's time to serve and file its answering brief, including its points of argument on the cross appeal (see 22 NYCRR 670.8[c][3]), is enlarged until February 8, 2011, and the respondent-appellant shall serve and file its answering brief on or before that date.
ANGIOLILLO, J.P., HALL, ROMAN and COHEN, JJ., concur.
ENTER:
Matthew G. Kiernan
Clerk of the Court