| Rojas v Paine |
| Motion No: 2011-10546 |
| Slip Opinion No: 2012 NY Slip Op 77114(U) |
| Decided on June 25, 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
M139713
E/sl
PETER B. SKELOS, J.P.
THOMAS A. DICKERSON
RANDALL T. ENG
SANDRA L. SGROI, JJ.
|
2011-10546 Luis X. Rojas, et al., plaintiffs-respondents, v Andrew Paine, et al., defendants, Statewide Abstract Corp., et al., defendants-respondents, Paul Herrick, etc., et al., appellants. (Index No. 08-27830)
| DECISION & ORDER ON MOTION |
Motion by the defendant-respondent Stewart Title Insurance Company to dismiss an appeal from stated portions of an order of the Supreme Court, Westchester County, entered September 30, 2011, on the ground that the appellants are not aggrieved by those portions of the order, or, in effect, to enlarge the time to serve and file its brief. Separate motion by the defendant-respondent Statewide Abstract Corp. to dismiss the appeal from stated portions of the order on the ground that the appellants are not aggrieved by those portions of the order, or, in the alternative, to enlarge the time to serve and file its brief. Cross motion by the appellants to stay the trial in the above-entitled action pending hearing and determination of this appeal as well as two related appeals pending under Appellate Division Docket Nos. 2009-08375 and 2010-08138.
Upon the papers filed in support of the motions and the papers filed in opposition thereto, and upon the papers filed in support of the cross motion and the papers filed in opposition and in relation thereto, it is
ORDERED that branches of the motions which are to dismiss the appeal are 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 branches of the motions which are to enlarge the defendants-respondents' time to serve and file their briefs are granted, the defendants-respondents' time to serve and file their briefs is enlarged until July 25, 2012, and the defendants-respondents' briefs must be served and filed on or before that date; and it is further,
ORDERED that the cross motion is denied.
SKELOS, J.P., DICKERSON, ENG and SGROI, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court