S & C Investors II, LLC v Touch of Class Builders, Inc.
Motion No: 2011-02263
Slip Opinion No: 2011 NY Slip Op 82220(U)
Decided on August 29, 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

M125136

E/sl

MARK C. DILLON, J.P.

ANITA R. FLORIO

CHERYL E. CHAMBERS

ROBERT J. MILLER, JJ.

2011-02263 N

S & C Investors II, LLC, appellant,

v Touch of Class Builders, Inc., respondent,

Best Building & Supply Corp., et al., defendants.

(Index No. 12286-05)

DECISION & ORDER ON MOTIO

Motion by the appellant on an appeal from an order of the Supreme Court, Suffolk County, dated January 4, 2011, to reinstate a stay which was granted by decision and order on motion of this Court dated March 31, 2011, and vacated by decision and order on motion of this Court dated June 24, 2011, and to enlarge the time to perfect the appeal.

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 branch of the motion which is to reinstate the stay is denied; and it is further,

ORDERED that the branch of the motion which is to enlarge the time to perfect the appeal is granted, the appellant's time to perfect the appeal is enlarged until October 28, 2011, and the record or appendix on the appeal and the appellant's brief must be served and filed on or before that date.

DILLON, J.P., FLORIO, CHAMBERS and MILLER, JJ., concur.

ENTER:

Matthew G. Kiernan

Clerk of the Court