H.P.S. Management Company, Inc. v St. Paul Surplus Line
Motion No: 2013-00459
Slip Opinion No: 2014 NY Slip Op 63516(U)
Decided on February 11, 2014
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.


Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M169479

E/sl

REINALDO E. RIVERA, J.P.

JOHN M. LEVENTHAL

SHERI S. ROMAN

SYLVIA O. HINDS-RADIX, JJ.

2013-00459, 2014-00791

H.P.S. Management Company, Inc., et al.,

appellants, v St. Paul Surplus Lines Insurance

Company, et al., respondents.

(Index No. 19847/10)

DECISION & ORDER ON MOTION

Motion by the respondents St. Paul Surplus Lines Insurance Company and Travelers Companies, Inc., to dismiss an appeal from an order of the Supreme Court, Nassau County, dated October 1, 2012, on the ground that it has been rendered academic by an order of the same court entered November 21, 2013, or, in the alternative, to enlarge the respondents' time to serve and file their respective briefs.

Upon the papers filed in support of the motion and the papers filed in opposition and in relation thereto, it is

ORDERED that on the Court's own motion, the appeals from the orders dated October 1, 2012, and the order entered November 21, 2013, will be calendared together and will be argued or submitted on the same date; and it is further,

ORDERED that the branch of the motion which is to enlarge the respondents' time to serve and file their respective briefs is granted, the respondents' time to serve and file their respective briefs is enlarged until March 14, 2014, and the respondents' briefs must be served and filed on or before that date; and it is further,

ORDERED that the motion is otherwise denied.

RIVERA, J.P., LEVENTHAL, ROMAN and HINDS-RADIX, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court