| Notaro v Performance Team |
| Motion No: 2016-09889 |
| Slip Opinion No: 2017 NY Slip Op 61261(U) |
| Decided on January 17, 2017 |
| 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
M224647
E/sl
JOHN M. LEVENTHAL, J.P.
JEFFREY A. COHEN
ROBERT J. MILLER
FRANCESCA E. CONNOLLY, JJ.
|
2016-09889, 2016-10887 Phillip Notaro, Jr., respondent, v Performance Team, et al., defendants, John Arcell, appellant. (Index No. 9932/10)
| DECISION & ORDER ON MOTION |
Motion by the respondent on appeals from two orders of the Supreme Court, Queens County, dated May 13, 2016, and October 13, 2016, respectively, inter alia, for leave to reargue his opposition to the appellants' motion to stay the trial in the above-entitled action, which was determined by decision and order on motion of this Court dated November 17, 2016. Application by the respondent pursuant to 22 NYCRR 670.8(d)(2) 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, and upon the papers filed in support of the application and no papers having been filed in opposition or in relation thereto, it is
ORDERED that the motion is denied; and it is further,
ORDERED that the application is granted, the respondent's time to serve and file a brief is enlarged until February 16, 2017, and the respondent's brief must be served and filed on or before that date.
LEVENTHAL, J.P., COHEN, MILLER and CONNOLLY, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court