| Riverside Homes of Nyack, Inc. v Wedlick |
| Motion No: 2011-09217 |
| Slip Opinion No: 2011 NY Slip Op 88977(U) |
| Decided on November 4, 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
M128392
E/sl
MARK C. DILLON, J.P.
RUTH C. BALKIN
JOHN M. LEVENTHAL
ARIEL E. BELEN, JJ.
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2011-09217 Riverside Homes of Nyack, Inc., et al., respondents- appellants, v Dennis Wedlick, et al., appellants- respondents. (Index No. 5851/09)
| DECISION & ORDER ON MOTION |
Motion by the appellants-respondents to stay all proceedings in the above-entitled action, including the trial, pending hearing and determination of an appeal and cross appeal from an order of the Supreme Court, Rockland County, dated September 21, 2011. Cross motion by the respondents-appellants to stay all proceedings in the above-entitled action, including the trial, pending hearing and determination of the appeal and cross appeal, in effect, for leave to file a supplemental joint record containing their notice of cross appeal from the order dated September 21, 2011, and, in effect, to enlarge the time to serve and file their answering brief, including points of argument on the cross appeal (see 22 NYCRR 670.8[c][3]).
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 cross motion and the papers filed in opposition thereto, it is
ORDERED that the motion and the branch of the cross motion which is for a stay are granted to the extent that the trial in the above-entitled action is stayed pending hearing and determination of the appeal and cross appeal, and the motion and the branch of the cross motion which is for a stay are otherwise denied; and it is further,
ORDERED that the branches of the cross motion which are, in effect, for leave to file a supplemental joint record containing the notice of cross appeal and to enlarge the time to serve and file the answering brief, including points of argument on the cross appeal (see 22 NYCRR 670.8[c][3]) are granted and on or before December 5, 2011, the respondents-appellants may serve and file a supplemental joint record containing their notice of cross appeal and their answering brief, including points of argument on the cross appeal (see 22 NYCRR 670.8[c][3]), on condition that at the time of filing they also file proof of payment of one half of the cost of the joint record minus one half the cost of the supplemental joint record.
DILLON, J.P., BALKIN, LEVENTHAL and BELEN, JJ., concur.
ENTER:
Matthew G. Kiernan
Clerk of the Court