| Kelly v Mastokouris |
| Motion No: 2013-01489 |
| Slip Opinion No: 2013 NY Slip Op 81516(U) |
| Decided on August 5, 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
M160244
E/sl
MARK C. DILLON, J.P.
DANIEL D. ANGIOLILLO
CHERYL E. CHAMBERS
SYLVIA O. HINDS-RADIX, JJ.
|
2013-01489 Michael Kelly, etc., plaintiff-respondent- appellant, v Thomas Mastokouris, etc., defendant-respondent-appellant, Peter Kratka, etc., et al., appellants-respondents. (Index No. 11944/10)
| DECISION & ORDER ON MOTION |
Motion by the appellants-respondents to hold in abeyance an appeal and cross appeals from an order of the Supreme Court, Queens County, entered December 26, 2012, pending entry of an infant's compromise order in the above-entitled action. Separate motion by the defendant-respondent-appellant, in effect, to enlarge the time to serve and file a brief.
Upon the papers filed in support of the motions and no papers having been filed in opposition or in relation thereto, it is
ORDERED that the motion to hold the appeal and cross appeals in abeyance is denied; and it is further,
ORDERED that the motion to enlarge the time to serve and file a brief is granted, the defendant-respondent-appellant shall serve and file his answering brief, including his points of argument on the cross appeal, on or before February 28, 2014 (see 22 NYCRR 670.8[c][3]).
DILLON, J.P., ANGIOLILLO, CHAMBERS and HINDS-RADIX, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court