| Baldwin v Windcrest Riverhead, LLC |
| Motion No: 2013-02741 |
| Slip Opinion No: 2013 NY Slip Op 87620(U) |
| Decided on October 9, 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
M163507
E/sl
RANDALL T. ENG, P.J.
L. PRISCILLA HALL
SHERI S. ROMAN
SANDRA L. SGROI, JJ.
|
2013-02741 Eric Baldwin, plaintiff-respondent, v Windcrest Riverhead, LLC, et al., defendants third-party plaintiffs-respondents, et al., defendants; Weather Wise Contracting, Inc., third-party defendant-appellant (and another title). (Index No. 35205/06)
| DECISION & ORDER ON MOTION |
Motion by the plaintiff-respondent to enlarge the time to serve and file a brief on an appeal from an order of the Supreme Court, Suffolk County, dated January 10, 2013. Cross motion by the appellant to stay the trial in the above-entitled action, pending hearing and determination of the appeal. Application by the appellant pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to serve and file a reply brief.
Upon the papers filed in support of the motion and no papers having been filed in opposition or in relation thereto, upon the papers filed in support of the cross motion and the papers filed in relation thereto, and upon the papers filed in support of the application and no papers having been filed in opposition or in relation thereto, it is
ORDERED that the motion is granted, the plaintiff-respondent's time to serve and file a brief is enlarged until November 12, 2013, and the plaintiff-respondent's brief must be served and filed on or before that date; and it is further,
ORDERED that the cross motion is denied; and it is further,
ORDERED that the application is denied as premature.
ENG, P.J., HALL, ROMAN and SGROI, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court