| Arch Bay Holdings, LLC-Series 2010C v Daisy |
| Motion No: 2013-07231 |
| Slip Opinion No: 2014 NY Slip Op 80901(U) |
| Decided on August 20, 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
M178706
E/sl
PLUMMER E. LOTT, J.P.
LEONARD B. AUSTIN
SHERI S. ROMAN
JEFFREY A. COHEN, JJ.
|
2013-07231 Arch Bay Holdings, LLC-Series 2010C, respondent, v Saleha R. Daisy, etc., appellant, et al., defendants. (Index No. 13319/11)
| DECISION & ORDER ON MOTION |
Motion by the respondent to dismiss an appeal from an order of the Supreme Court, Queens County, entered May 6, 2013, on the ground that no appeal lies from an order denying reargument 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 time to serve and file a brief is granted, the respondent's time to serve and file a brief is enlarged until September 19, 2014, and the respondent's brief must be served and filed on or before that date.
LOTT, J.P., AUSTIN, ROMAN and COHEN, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court