| Gihon, LLC v 501 Second Street, LLC |
| Motion No: 2010-08362 |
| Slip Opinion No: 2012 NY Slip Op 65519(U) |
| Decided on February 28, 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. |
Appellate Division: Second Judicial Department
M133859
E/sl
THOMAS A. DICKERSON, J.P.
CHERYL E. CHAMBERS
LEONARD B. AUSTIN
ROBERT J. MILLER, JJ.
|
2010-08362 Gihon, LLC, respondent, v 501 Second Street, LLC, et al., appellants; Norma Vigo, intervenor. (Index No. 13933/04)
| DECISION & ORDER ON MOTION |
Motion by the respondent to dismiss an appeal from an order of the Supreme Court, Kings County, dated July 30, 2010, on the ground that the right of direct appeal therefrom terminated upon entry of a judgment of the same court entered January 3, 2011 (see Matter of Aho, 39 NY2d 241), 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, the respondent's time to serve and file a brief is enlarged until March 29, 2012, and the respondent's brief must be served and filed on or before that date.
DICKERSON, J.P., CHAMBERS, AUSTIN and MILLER, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court