Smith v Merrill Lynch & Co., Inc.
Motion No: 2010-07952
Slip Opinion No: 2011 NY Slip Op 77938(U)
Decided on July 8, 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

M122837

E/sl

JOSEPH COVELLO, J.P.

DANIEL D. ANGIOLILLO

THOMAS A. DICKERSON

SANDRA L. SGROI, JJ.

2010-07952

Noel Smith, plaintiff-respondent, v Merrill

Lynch & Co., Inc., defendant-appellant,

Fitzgerald & Fitzgerald, P.C., defendant

third-party plaintiff-respondent, et al.,

defendant third-party plaintiff; Locator

Services Group, Ltd., et al., third-party

defendants-respondents, et al., third-party

defendant.

(Index No. 9299/04)

DECISION & ORDER ON MOTION

Motion by the plaintiff-respondent to enlarge the time to serve and file a brief on an appeal from an order of the Supreme Court, Nassau County, dated July 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, the plaintiff-respondent's time to serve and file a brief is enlarged until August 24, 2011, the plaintiff-respondent's brief must be served and filed on or before that date; and it is further,

ORDERED that no further enlargement of time shall be granted.

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

ENTER:

Matthew G. Kiernan

Clerk of the Court