| Martinez v 281 Broadway Holdings, LLC |
| Motion No: 2016-07259 |
| Slip Opinion No: 2017 NY Slip Op 73208(U) |
| Decided on May 9, 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
M230782
E/afa
RUTH C. BALKIN, J.P.
CHERYL E. CHAMBERS
JOSEPH J. MALTESE
COLLEEN D. DUFFY, JJ.
|
2016-07259 Hilario Martinez, plaintiff-respondent, v 281 Broadway Holdings, LLC, et al., defendants-respondents, S.J. Electric, Inc., appellant, et al., defendants. (Index No. 3684/11)
| DECISION & ORDER ON MOTION |
Motion by the defendants-respondents to dismiss an appeal from an order of the Supreme Court, Kings County, dated June 8, 2016, on the ground that the order dated June 8, 2016, has been superseded by an order of the same court dated October 20, 2016, or, in the alternative, to enlarge the time of the plaintiff-respondent and the defendants-respondents to serve and file their respective briefs.
Upon the papers filed in support of the motion and the papers filed in opposition and in relation 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 of the plaintiff-respondent and the defendants-respondents to serve and file their respective briefs is granted, the time of the plaintiff-respondent and the defendants-respondents to serve and file their respective briefs is enlarged until June 8, 2017, and the briefs shall be served and filed on or before that date.
BALKIN, J.P., CHAMBERS, MALTESE and DUFFY, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court