Joffco, Inc. v Gilbert Schweitzer, Iii
Motion No: 2011-02222 sc
Slip Opinion No: 2011 NY Slip Op 89733(U)
Decided on November 10, 2011
Appellate Term, 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 Term of the Supreme Court

of the State of New York for the 9th & 10th judicial Districts

FRANCIS A. NICOLAI, P.J.

JOHN R. LaCAVA

ANGELA G. IANNACCI, JJ.

DECISION & ORDER ON MOTION

2011-2222 S C
Joffco, Inc., Respondent, v Gilbert Schweitzer, III, Appellant.

Motion by appellant for a stay pending the determination of an appeal from a final judgment of the District Court of Suffolk County, Second District, entered June 30, 2011. Separate motion by respondent for an enlargement of time to serve and file papers in opposition to appellant's motion.

Upon the papers filed in support of the motions, it is

ORDERED, on the court's own motion, that the motion by appellant and the motion by respondent are consolidated for purposes of disposition; and it is further,

ORDERED that respondent's motion is granted and the opposing papers are deemed timely served and filed; and it is further,

ORDERED that appellant's motion is denied.

ENTER:

Paul Kenny

Chief Clerk