| Stephen v State of New York |
| Motion No: 2012-02939 |
| Slip Opinion No: 2013 NY Slip Op 69744(U) |
| Decided on April 8, 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. |
Appellate Division: Second Judicial Department
M154176
E/sl
MARK C. DILLON, J.P.
CHERYL E. CHAMBERS
L. PRISCILLA HALL
SYLVIA HINDS-RADIX, JJ.
|
2012-02939 Molly Stephen, et al., appellants, v State of New York, respondent. (Claim No. 119825)
| DECISION & ORDER ON MOTION |
Motion by the respondent to dismiss an appeal from an order of the Court of Claims dated January 19, 2012, on the ground that no appeal lies as of right from the order and leave to appeal has not been, obtained, or, in effect, 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, 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 is granted, the respondent's time to serve and file a brief is enlarged until May 6, 2013, and the respondent's brief must be served and filed on or before that date.
DILLON, J.P., CHAMBERS, HALL and HINDS-RADIX, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court