Obstfeld v Thermo Niton Analyzers, LLC
Motion No: 2012-01872
Slip Opinion No: 2012 NY Slip Op 75305(U)
Decided on June 6, 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

M138756

E/sl

REINALDO E. RIVERA, J.P.

RANDALL T. ENG

PLUMMER E. LOTT

JEFFREY A. COHEN, JJ.

2012-01872

Lawrence A. Obstfeld, et al., respondents,

v Thermo Niton Analyzers, LLC, et al., appellants.

(Index No. 500152/09)

DECISION & ORDER ON MOTION

Motion by the respondents to dismiss an appeal from an order of the Supreme Court, Kings County, dated July 25, 2011, on the ground that it has been rendered academic. Motion by the appellants to admit pro hac vice Thomas C. Donnelly, an attorney in good standing in the Commonwealth of Massachusetts, to represent the appellants on the appeal. Application by the respondents 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 motion and the application, and the papers filed in opposition thereto, and upon the papers filed in support of the cross motion and no papers having been filed in opposition or in relation thereto, it is

ORDERED that the respondents' motion is denied; and it is further,

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

ORDERED that the respondents' application is granted and the respondent's time to serve and file a brief is enlarged until July 6, 2012, and the respondent's brief must be served and filed on or before that date.

RIVERA, J.P., ENG, LOTT and COHEN, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court