| GMS Batching, Inc. v Tadco Construction Corporation |
| Motion No: 2011-10044 |
| Slip Opinion No: 2013 NY Slip Op 71442(U) |
| Decided on April 23, 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
M155120
E/sl
DANIEL D. ANGIOLILLO, J.P.
CHERYL E. CHAMBERS
L. PRISCILLA HALL
SHERI S. ROMAN, JJ.
|
2011-10044, 2012-07413 GMS Batching, Inc., respondent-appellant, v Tadco Construction Corporation, et al., appellants-respondents, et al., defendants. (Appeal No. 1) GMS Batching, Inc., respondent, v Tadco Construction Corporation, et al., appellants, et al., defendants. (Appeal No. 2) (Index No. 18903/06)
| DECISION & ORDER ON MOTION |
Motion by Tadco Construction Corporation and Frank DeMartino to hold in abeyance an appeal from a judgment of the Supreme Court, Queens County, entered June 13, 2012, pending determination of an appeal and cross appeal from an order of the same court entered August 25, 2011. Application by Tadco Construction Corporation and Frank DeMartino pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect the appeal from the judgment.
Upon the papers filed in support of the motion and the application, 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 application is granted, the applicants' time to perfect the appeal
from the judgment is enlarged until May 22, 2013, and the record or appendix on the appeal and the appellants' brief must be served and filed on or before that date.
ANGIOLILLO, J.P., CHAMBERS, HALL and ROMAN, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court