Appellate Division: Second Judicial Department

M150469

E/ct

REINALDO E. RIVERA, J.P.

CHERYL E. CHAMBERS

L. PRISCILLA HALL

ROBERT J. MILLER, JJ.

2012-10688 City Store Gates Mfg, Corp., respondent, v Empire Rolling Steel Gates Corp., etc., appellant, et al., defendant. (Index No. 28698/09)

DECISION & ORDER ON MOTION

Motion by the appellant, inter alia, to stay all proceedings in the above-entitled action, including the trial, pending hearing and determination of an appeal from an order of the Supreme Court, Queens County, entered March 26, 2012. Separate motion by the respondent to dismiss the appeal as untimely taken, for an award of costs and an attorney's fee, or, in the alternative, to enlarge its time to serve and file a brief.

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

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

ORDERED that the branch of the respondent's motion which is, in effect, to enlarge its time to serve and file a brief is granted, the respondent's time to serve and file a brief is enlarged until February 28, 2013, and the respondent's brief must be served and filed on or before that date; and it is further,

ORDERED that the respondent's motion is otherwise denied.

RIVERA, J.P., CHAMBERS, HALL and MILLER, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court