Davis v Stevens
Motion No: 2011-05071
Slip Opinion No: 2011 NY Slip Op 76260(U)
Decided on June 22, 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

M121992

E/sl

MARK C. DILLON, J.P. RANDALL T. ENG

SANDRA L. SGROI

ROBERT J. MILLER, JJ.

2011-05071

Charissa Davis, etc., respondent,

v Brenda Stevens, defendant, Frances

Johnson, appellant.

(Index No. 9925/08)

DECISION & ORDER ON MOTION

Motion by the appellant to stay the trial in the above-entitled action pending hearing and determination of an appeal from an order of the Supreme Court, Queens County, entered May 10, 2011. Application by the respondent 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 papers filed in opposition thereto, and upon the application and no papers having been filed in opposition or in relation thereto, it is

ORDERED that the motion is granted, and the trial in the above-entitled action is stayed pending hearing and determination of the appeal; and it is further,

ORDERED that the application is granted and the respondent's time to serve and file a brief is enlarged until August 22, 2011, and the respondent's brief must be served and filed on or before that date.

DILLON, J.P., ENG, SGROI and MILLER, JJ., concur.

ENTER:

Matthew G. Kiernan

Clerk of the Court