| Chin Tsun Yang v Shukla |
| Motion No: 2015-02830 |
| Slip Opinion No: 2015 NY Slip Op 83026(U) |
| Decided on August 28, 2015 |
| 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
M197002
E/sl
RUTH C. BALKIN, J.P.
JEFFREY A. COHEN
COLLEEN D. DUFFY
BETSY BARROS, JJ.
|
2015-02830 Chin Tsun Yang, etc., et al., respondents, v Sneh Prabha Shukla, appellant. (Index No. 605835/14)
| DECISION & ORDER ON MOTION |
Motion by the appellant to stay the trial in the above-entitled action pending hearing and determination of an appeal from an order of the Supreme Court, Nassau County, entered January 23, 2015. Separate motion by the respondents, inter alia, to dismiss the appeal on the ground that the order entered January 23, 2015, was purportedly superseded by an order of the same court dated April 1, 2015, or, in the alternative, to enlarge the time to serve and file a brief.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 appellant's motion is granted, and the trial in the above-entitled action is stayed pending hearing and determination of the appeal; and it is further,
ORDERED that the branch of the respondents' motion which is to enlarge the respondents' time to serve and file a brief is granted, the respondents' time to serve and file a brief is enlarged until September 28, 2015, and the respondents' brief must be served and filed on or before that date.
ORDERED that the branch of the respondents' motion which is to dismiss the appeal is denied (see CPLR 5517[a]); and it is further,
ORDERED that the respondents' motion is otherwise denied.
BALKIN, J.P., COHEN, DUFFY and BARROS, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court