Vigo v 501 Second Street Holding Corp.
Motion No: 2011-11354
Slip Opinion No: 2013 NY Slip Op 67763(U)
Decided on March 19, 2013
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

M153128

E/sl

MARK C. DILLON, J.P.

RUTH C. BALKIN

LEONARD B. AUSTIN

JEFFREY A. COHEN, JJ.

2011-11354

Norma Vigo, plaintiff-respondent, v 501

Second Street Holding Corp., appellant,

Gihon LLC, et al., defendants-respondents;

et al., defendants.

(Index No. 38083/06)

DECISION & ORDER ON MOTION

Motion by the plaintiff-respondent, inter alia, to dismiss an appeal from an order of the Supreme Court, Kings County, dated October 6, 2011, "pursuant to law of the case." Separate applications by the plaintiff-respondent and the defendants-respondents pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to serve and file their respective briefs on the appeal.

Upon the papers filed in support of the motion and the applications, and the papers filed in opposition thereto, it is

ORDERED that the branch of the motion which is to dismiss the appeal is denied without prejudice to any arguments being raised in the plaintiff-respondent's brief; and it is further,

ORDERED that the motion is otherwise denied; and it is further,

ORDERED that the applications are granted, the applicants' time to serve and file their respective briefs is enlarged until April 19, 2013, and the applicants' briefs must be served and filed on or before that date.

DILLON, J.P., BALKIN, AUSTIN and COHEN, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court