| Gale v Animal Medical Center |
| Motion No: 2012-02948 |
| Slip Opinion No: 2012 NY Slip Op 88482(U) |
| Decided on October 23, 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
M145389
E/sl
MARK C. DILLON, J.P.
JOHN M. LEVENTHAL
LEONARD B. AUSTIN
JEFFREY A. COHEN, JJ.
|
2012-02948 Shelly Gale, etc., appellant, v Animal Medical Center, et al., respondents. (Index No. 11276/10)
| DECISION & ORDER ON MOTION |
Motion by the respondents to dismiss an appeal from an order of the Supreme Court, Queens County, entered February 6, 2012, on the ground that no appeal lies from an order denying leave to reargue or, in the alternative, to enlarge the time to serve and file a brief. 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, it is
ORDERED that the branch of the motion which is to dismiss the appeal 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 branch of the motion which is to enlarge the time to serve and file a brief and the application for the same relief are granted, the respondents' time to serve and file a brief is enlarged until November 26, 2012, and the respondents' brief must be served and filed on or before that date.
DILLON, J.P., LEVENTHAL, AUSTIN and COHEN, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court