| JMF Consulting Group II, Inc. v Beverage Marketing USA |
| Motion No: 2011-09485 |
| Slip Opinion No: 2011 NY Slip Op 92977(U) |
| Decided on December 16, 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
M130438
E/sl
ANITA R. FLORIO, J.P.
ARIEL E. BELEN
L. PRISCILLA HALL
SANDRA L. SGROI, JJ.
|
2011-09485 JMF Consulting Group II, Inc., etc., plaintiff- appellant, v Beverage Marketing USA, Inc., defendant third-party plaintiff-respondent; John M. Ferolito, third-party defendant-appellant. (Index No. 11005/08)
| DECISION & ORDER ON MOTION |
Motion by the plaintiff-appellant and third-party defendant-appellant to stay the trial in the above-entitled action pending hearing and determination of an appeal from an order of the Supreme Court, Nassau County, entered August 18, 2011. Application by the defendant third-party plaintiff-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 application, and the papers filed in opposition thereto, it is
ORDERED that the motion is denied; and it is further,
ORDERED that the application is granted and the defendant third-party plaintiff-respondent's time to serve and file a brief is enlarged until January 30, 2012, and the defendant third-party plaintiff-respondent's brief must be served and filed on or before that date.
FLORIO, J.P., BELEN, HALL and SGROI, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court