| Pentacon, LLC v 422 Knickerbocker, LLC |
| Motion No: 2016-04951 |
| Slip Opinion No: 2017 NY Slip Op 62507(U) |
| Decided on February 1, 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
M225586
E/sl
MARK C. DILLON, J.P.
LEONARD B. AUSTIN
SYLVIA O. HINDS-RADIX
JOSEPH J. MALTESE, JJ.
|
2016-04951 Pentacon, LLC, respondent, v 422 Knickerbocker, LLC, et al., appellants. (Index No. 6667/11)
| DECISION & ORDER ON MOTION |
Motion by the respondent to direct the appellant to serve and file a supplemental record containing the deposition testimony of Jack Dushey and Meyer Mahana on an appeal from an order of the Supreme Court, Kings County, dated February 29, 2016, 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 matter is remitted to the Supreme Court, Kings County, to report on whether that court considered the deposition testimony of Jack Dushey and Meyer Mahana in determining the motion and cross motion that resulted in the order dated February 29, 2016; the Supreme Court, Kings County, shall file its report with all convenient speed; and it is further,
ORDERED that the motion is held in abeyance in the interim.
DILLON, J.P., AUSTIN, HINDS-RADIX and MALTESE, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court