Rosen v Village/Town of Mount Kisco
Motion No: 2011-00073
Slip Opinion No: 2011 NY Slip Op 65553(U)
Decided on March 2, 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.


Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M116366

E/sl

JOSEPH COVELLO, J.P.

THOMAS A. DICKERSON

RANDALL T. ENG

SANDRA L. SGROI, JJ.

2011-00073

Adele Rosen, etc., respondent,

v Village/Town of Mount Kisco,

appellant.

(Index No. 07-24890)

DECISION & ORDER ON MOTION

Motion by the appellant to stay all proceedings in the above-entitled action, including the trial, pending hearing and determination of an appeal from an order of the Supreme Court, Westchester County, entered November 15, 2010. Application by the respondent pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to serve and file a brief until a date 30 days after a judgment is entered in the above-entitled action.

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 to the extent that the respondent's time to serve and file a brief is enlarged until April 6, 2011, and the respondent's brief must be served and filed on or before that date, and that application is otherwise denied.

COVELLO, J.P., DICKERSON, ENG and SGROI, JJ., concur.

ENTER:

Matthew G. Kiernan

Clerk of the Court