Cherrez v Gonzalez
Motion No: 2010-12127
Slip Opinion No: 2011 NY Slip Op 75880(U)
Decided on June 16, 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

M121734

E/sl

REINALDO E. RIVERA, J.P.

ANITA R. FLORIO

LEONARD B. AUSTIN

JEFFREY A. COHEN, JJ.

2010-12127, 2011-04926, 2011-04927

Carlos Cherrez, etc., et al., plaintiffs-respondents,

v Luis M. Gonzalez, et al., defendants, Charles H.

Greenthal Management, et al., defendants third-party

plaintiffs-respondents, Etna Contracting, Inc., appellant;

Braxton Engineering, P.C., third-party defendant-respondent.

(Index no. 36414/06)

DECISION & ORDER ON MOTION

Motion by the appellant to stay the trial in the above-entitled action pending hearing and determination of appeals from three orders of the Supreme Court, Kings County, all dated October 19, 2010. Application by the plaintiffs-respondents pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to serve and file a brief. Separate application by the defendants third-party plaintiffs-respondents pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to serve and file a brief.

Upon the papers filed in support of the motion and the applications, 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 applications are granted, the time of the plaintiffs-respondents and the defendants third-party plaintiffs-respondents to serve and file their respective briefs is enlarged until July 20, 2011, and the briefs of those respondents must be served and filed on or before that date.

RIVERA, J.P., FLORIO, AUSTIN and COHEN, JJ., concur.

ENTER:

Matthew G. Kiernan

Clerk of the Court