| Vierno v Grocery Haulers, Inc. |
| Motion No: 2011-03129 |
| Slip Opinion No: 2011 NY Slip Op 79117(U) |
| Decided on July 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. |
Appellate Division: Second Judicial Department
M123444
E/sl
RUTH C. BALKIN, J.P.
CHERYL E. CHAMBERS
JEFFREY A. COHEN
ROBERT J. MILLER, JJ.
|
2011-03129 John Vierno, respondent, v Grocery Haulers, Inc., et al., appellants. (Index No. 101985/09)
| DECISION & ORDER ON MOTION |
Motion by the appellant C & S Wholesale Grocers, Inc., to stay the trial in the above-entitled action pending hearing and determination of appeals from an order of the Supreme Court, Richmond County, dated March 1, 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 relation 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 and the respondent's time to serve and file a brief is enlarged until August 4, 2011, and the respondent's brief must be served and filed on or before that date.
BALKIN, J.P., CHAMBERS, COHEN and MILLER, JJ., concur.
ENTER:
Matthew G. Kiernan
Clerk of the Court