| Specialized Industrial Services Corp. v Carter |
| Motion No: 2011-03670 |
| Slip Opinion No: 2012 NY Slip Op 71577(U) |
| Decided on April 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. |
Appellate Division: Second Judicial Department
M135164
E/ct
MARK C. DILLON, J.P.
ARIEL E. BELEN
L. PRISCILLA HALL
LEONARD B. AUSTIN, JJ.
|
2011-03670 Specialized Industrial Services Corp., plaintiff-respondent, v Benjamin E. Carter, defendant third-party plaintiff-appellant; Douglas A. Durnin, et al., third-party defendants- respondents, et al., third-party defendant. (Index No. 16955-07)
| DECISION & ORDER ON MOTION |
Motion by the defendant third-party plaintiff-appellant to strike the plaintiff-respondent's brief on an appeal from an order of the Supreme Court, Suffolk County, dated February 16, 2011, on the ground that it is not a proper party to the appeal. Application by the plaintiff-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 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 application is granted and the reply brief shall be served and filed on or before May 18, 2012.
DILLON, J.P., BELEN, HALL and AUSTIN, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court