GMS Batching, Inc. v Tadco Construction Corporation
Motion No: 2011-10044
Slip Opinion No: 2012 NY Slip Op 73212(U)
Decided on May 15, 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

M137761

E/nl

DANIEL D. ANGIOLILLO, J.P.

ANITA R. FLORIO

ARIEL E. BELEN

CHERYL E. CHAMBERS, JJ.

2011-10044

DECISION & ORDER ON MOTION

GMS Batching, Inc., respondent-appellant,

v Tadco Construction Corporation, et al.,

appellants-respondents, et al., defendants.

(Index No. 18903/06)

Motion by the appellants-respondents to stay all proceedings in the above-entitled action, pending hearing and determination of an appeal and cross appeal from an order of the Supreme Court, Queens County, entered August 25, 2011. Separate motion by the respondent-appellant to strike the joint record on the ground that the joint record is incomplete and to impose a sanction upon the appellants-respondents. Application by the respondent-appellant pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to serve and file a brief.

Upon the papers filed in support of the appellants-respondents' motion and no papers having been filed in opposition or in relation thereto, upon the papers filed in support of the respondent-appellant's 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 appellants-respondents' motion is denied; and it is further,

ORDERED that the respondent-appellant's motion is granted to the extent that on or before May 30, 2012, the appellants-respondents shall serve and file a supplemental record containing trial exhibits 3 and 4, and the respondent-appellant's motion is otherwise denied; and it is further,

ORDERED that the application is granted, the respondent-appellant's time to serve and file the answering brief, including the points of argument on the cross appeal (see 22 NYCRR 670.8[c][3]) is enlarged until June 29, 2012, and the respondent-appellant's answering brief shall be served and filed on or before that date.

ANGIOLILLO, J.P., FLORIO, BELEN and CHAMBERS, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court