| Faicco v Mr. Lucky's Pub, Inc. |
| Motion No: 2013-01775 |
| Slip Opinion No: 2014 NY Slip Op 67954(U) |
| Decided on March 31, 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. |
Appellate Division: Second Judicial Department
M171772
E/sl
RUTH C. BALKIN, J.P.
THOMAS A. DICKERSON
SHERI S. ROMAN
ROBERT J. MILLER, JJ.
|
2013-01775 Donna Faicco, etc., appellant, v Mr. Lucky Pub, Inc., et al., defendants third-party plai respondents; Penn-Star Insurance Compan third-party defendant-respondent. (Index No. 50503-09)
| DECISION & ORDER ON MOTION 's ntiffs- y, |
Motion by the third-party defendant-respondent to dismiss an appeal from an order of the Supreme Court, Suffolk County, dated December 6, 2012, on the ground that the appellant is not aggrieved and lacks standing, or, in the alternative, to enlarge the time to serve and file a brief.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the branch of the motion which is to dismiss the appeal is held in abeyance and referred to the panel of Justices hearing the appeal for determination upon the argument or submission thereof; and it is further,
ORDERED that the branch of the motion which is to enlarge the movant's time to serve and file a brief is granted, the movant's time to serve and file a brief is enlarged until April 28, 2014, and the movant's brief must be served and filed on or before that date.
BALKIN, J.P., DICKERSON, ROMAN and MILLER, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court