| Fritz v Sports Authority |
| Motion No: 2010-10962 |
| Slip Opinion No: 2011 NY Slip Op 82679(U) |
| Decided on September 2, 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
M125241
E/sl
WILLIAM F. MASTRO, J.P.
JOHN M. LEVENTHAL
L. PRISCILLA HALL
PLUMMER E. LOTT, JJ.
|
2010-10962 Brian Fritz, plaintiff-respondent, v Sports Authority, et al., defendants third-party plaintiffs-appellants, Shannon Construction of Long Island, et al., defendants third-party defendants-respondents, C & G Developers, Inc., defendant second third-party plaintiff-appellant, et al., defendant; Giaquinto Masonry, Inc., third- party defendant/second third-party defendant- respondent. (Index No. 37922-07)
| DECISION & ORDER ON MOTION |
Motion by Giaquinto Masonry, Inc., inter alia, to dismiss an appeal from an order of the Supreme Court, Suffolk County, dated September 8, 2010, as untimely taken, or 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, it is
ORDERED that the branch of the motion which is to enlarge the time of Giaquinto Masonry, Inc., to serve and file a brief is granted, the time of Giaquinto Masonry, Inc., to serve and file a brief is enlarged until October 3, 2011, and the brief of Giaquinto Masonry, Inc., must be served and filed on or before that date; and it is further,
ORDERED that the motion is otherwise denied.
MASTRO, J.P., LEVENTHAL, HALL and LOTT, JJ., concur.
ENTER:
Matthew G. Kiernan
Clerk of the Court