| Green v Bowery Residents Committee, Inc. |
| Motion No: 2012-05099 |
| Slip Opinion No: 2012 NY Slip Op 91711(U) |
| Decided on November 28, 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
M147188
E/sl
PETER B. SKELOS, J.P.
RUTH C. BALKIN
CHERYL E. CHAMBERS
ROBERT J. MILLER, JJ.
|
2012-05099 Nijia Green, etc., respondent, v Bowery Residents Committee, Inc., et al., appellants. (Index No. 13945/10)
| DECISION & ORDER ON MOTION |
Motion by the appellants to stay the trial on the issue of damages in the above-entitled action pending hearing and determination of an appeal from an order of the Supreme Court, Kings County, dated April 2, 2012. Cross motion by the respondent, in effect, to hold the appeal in abeyance pending determination of a certain motion by the Supreme Court, Kings County, or, in the alternative, to enlarge the time to serve and file a 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 cross motion and no papers having been filed in opposition or in relation thereto, it is
ORDERED that the motion is denied; and it is further,
ORDERED that the branch of the cross motion which is, in effect, to hold the appeal in abeyance is denied; and it is further,
ORDERED that the branch of the cross motion which is to enlarge the time to serve and file a brief is granted, the respondent's time to serve and file a brief is enlarged until December 28, 2012, and the respondent's brief must be served and filed on or before that date.
SKELOS, J.P., BALKIN, CHAMBERS and MILLER, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court