Shaw Funding, LP v Grauer
Motion No: 2011-05841
Slip Opinion No: 2012 NY Slip Op 62738(U)
Decided on January 31, 2012
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

M132467

E/sl

REINALDO E. RIVERA, J.P.

RANDALL T. ENG

L. PRISCILLA HALL

SANDRA L. SGROI, JJ.

2011-05841

Shaw Funding, LP, et al., appellants,

v Joshua J. Grauer, et al., respondents,

et al., defendants.

(Index No. 20316/10)

DECISION & ORDER ON MOTION

Motion by the respondents to dismiss an appeal from an order of the Supreme Court, Nassau County, entered March 21, 2011, inter alia, on the ground that the appeal has been rendered academic, or, in the alternative, 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 dismiss the appeal is held in abeyance and referred to the panel of Justices hearing the appeal for determination upon the argument or submission thereof; and it is further,

ORDERED that the branch of the motion which is to enlarge the time to serve and file a brief is granted and the respondents' time to serve and file a brief is enlarged until March 2, 2012, and the respondents' brief must be served and filed on or before that date.

RIVERA, J.P., ENG, HALL and SGROI, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court