| Sulger v Danica Plumbing & Heating, LLC |
| Motion No: 2011-08235 |
| Slip Opinion No: 2013 NY Slip Op 90806(U) |
| Decided on November 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
M165078
E/ct
PETER B. SKELOS, J.P.
RUTH C. BALKIN
JOHN M. LEVENTHAL
SANDRA L. SGROI, JJ.
|
2011-08235, 2012-07385 Gregory E. Sulger, plaintiff-respondent, v Danica Plumbing & Heating, LLC, etc., et al., appellants, DKS Construction, defendant-respondent. (Index No. 15158/09)
| DECISION & ORDER ON MOTION |
Motion by the appellants to stay the trial in the above-entitled action pending hearing and determination of appeals from two orders of the Supreme Court, Nassau County, entered July 14, 2011, and July 3, 2012, respectively. Separate motion by the plaintiff-respondent to enlarge the time to serve and file a brief.
Upon the papers filed in support of the motions and the papers filed in opposition thereto, it is
ORDERED that the motion to stay the trial is granted, and the trial in the above-entitled action is stayed pending hearing and determination of the appeals; and it is further,
ORDERED that the motion to enlarge the plaintiff-respondent's time to serve and file a brief is granted, the plaintiff-respondent's time to serve and file a brief is enlarged until November 25, 2013, and the plaintiff-respondent's brief must be served and filed on or before that date; and it is further,
ORDERED that no further enlargement of time shall be granted.
SKELOS, J.P., BALKIN, LEVENTHAL and SGROI, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court