Sharestates Investment, LLC v Hercules
Motion No: 2017-00912
Slip Opinion No: 2017 NY Slip Op 90335(U)
Decided on October 24, 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.


Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M240058

E/ct

REINALDO E. RIVERA, J.P.

JOHN M. LEVENTHAL

JOSEPH J. MALTESE

COLLEEN D. DUFFY, JJ.

2017-00912

Sharestates Investment, LLC, respondent,

v Anyekache Hercules, et al., defendants;

James Julius, nonparty-appellant.

(Index No. 70745/15)

DECISION & ORDER ON MOTION

Motion by the respondent, in effect, to hold in abeyance an appeal from an order of the Supreme Court, Westchester County, dated January 20, 2017, pending resolution of certain proceedings in the United States District Court for the Southern District of New York, or, in the alternative, to enlarge the time to serve and file a brief. 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 application, and the papers filed in opposition thereto, it is

ORDERED that the branch of the motion which is, in effect, to hold the appeal in abeyance is denied; and it is further,

ORDERED that the branch of the motion which is to enlarge the respondent's time to serve and file a brief and the application for that relief are granted, the respondent's time to serve and file a brief is enlarged until November 27, 2017, and the respondent's brief shall be served and filed on or before that date.

RIVERA, J.P., LEVENTHAL, MALTESE and DUFFY, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court