Jacobs v Nussbaum
Motion No: 2012-01472
Slip Opinion No: 2012 NY Slip Op 71407(U)
Decided on April 26, 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

M136848

E/sl

MARK C. DILLON, J.P.

ARIEL E. BELEN

L. PRISCILLA HALL

LEONARD B. AUSTIN, JJ.

2012-01472

Percy Jacobs, respondent, v Milton Nussbaum,

etc., et al., appellants, et al., defendants.

(Index No. 25451/06)

DECISION & ORDER ON MOTION

Motion by the appellants for leave to appeal to this Court from an order of the Supreme Court, Kings County, dated December 22, 2011, and to stay all proceedings in the above-entitled action, pending hearing and determination of the appeal. Application by the appellant pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to serve and file a reply brief.

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

ORDERED that the motion is granted; and it is further,

ORDERED that all proceedings in the above-entitled action are stayed pending hearing and determination of the appeal; and it is further,

ORDERED that the application is granted and the reply brief shall be served and filed on or before May 7, 2012.

DILLON, J.P., BELEN, HALL and AUSTIN, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court