Structure Tek Construction, Inc. v Waterville Holding, LL
Motion No: 2015-06020
Slip Opinion No: 2016 NY Slip Op 65460(U)
Decided on February 26, 2016
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

M207043

J/sl

RUTH C. BALKIN, J.P.

SHERI S. ROMAN

JEFFREY A. COHEN

SYLVIA O. HINDS-RADIX, JJ.

2015-06020

Structure Tek Construction, Inc., respondent,

v Waterville Holdings, LLC, doing business as

Smuggler Jacks Restaurant, et al., appellants,

et al., defendant.

(Index No. 8263/12)

DECISION & ORDER ON MOTION

Motion by the respondent, inter alia, to dismiss an appeal from a judgment of the Supreme Court, Nassau County, entered April 9, 2015, on the ground that it has been rendered academic, or, in the alternative, to enlarge the time to serve 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 enlarge the respondent's time to serve and file a brief is granted, the respondent's time to serve and file a brief is enlarged until March 30, 2016, and the respondent's brief must be served and filed on or before that date; and it is further,

ORDERED that the motion is otherwise denied.

BALKIN, J.P., ROMAN, COHEN and HINDS-RADIX, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court