East End Cement & Stone, Inc. v Peconic Ready Mix Corp
Motion No: 2011-00945
Slip Opinion No: 2012 NY Slip Op 65355(U)
Decided on February 27, 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

M133798

E/sl

PETER B. SKELOS, J.P.

ARIEL E. BELEN

PLUMMER E. LOTT

ROBERT J. MILLER, JJ.

2011-00945

East End Cement & Stone, Inc., etc., appellant,

v Peconic Ready Mix Corp., respondent.

(Index No. 2481-08)

DECISION & ORDER ON MOTION

Motion by the appellant, in effect, to hold in abeyance an appeal from an order of the Supreme Court, Suffolk County, entered November 29, 2010, pending determination of an appeal from an order of the same court dated June 17, 2011, pending under Appellate Division Docket No. 2011-07587.

Upon the papers filed in support of the motion and no papers having been filed in opposition or in relation thereto, it is

ORDERED that the motion is granted to the extent that the appellant's time to perfect the appeal from the order entered November 29, 2010, is enlarged until April 27, 2012, and the record or appendix on the appeal and the appellant's brief must be served and filed on or before that date, and the motion is otherwise denied; and it is further,

ORDERED that no further enlargement of time shall be granted.

SKELOS, J.P., BELEN, LOTT and MILLER, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court