| Miglino v Bally Total Fitness of Greater New York, Inc. |
| Motion No: 2010-06556 |
| Slip Opinion No: 2011 NY Slip Op 69722(U) |
| Decided on April 12, 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
M118523
E/sl
PETER B. SKELOS, J.P.
ARIEL E. BELEN
SANDRA L. SGROI
ROBERT J. MILLER, JJ.
|
2010-06556 Gregory C. Miglino, respondent, v Bally Total Fitness of Greater New York, Inc., et al., appellants. (Index No. 7729-08)
| DECISION & ORDER ON MOTION |
Motion by the respondent, in effect, to hold in abeyance an appeal from an order of the Supreme Court, Suffolk County, dated June 9, 2010, pending determination by the Court of Appeals of an appeal entitled DiGuilio v Gran, Inc., assigned Docket No. 2010-1187.
Upon the papers filed in support of the motion 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 on the Court's own motion, the respondents' time to serve and file a brief is enlarged until May 12, 2011, and the respondents' brief must be served and filed on or before that date.
SKELOS, J.P., BELEN, SGROI and MILLER, JJ., concur.
ENTER:
Matthew G. Kiernan
Clerk of the Court