Fox v Patriot Saloon
Motion No: 2016-10490
Slip Opinion No: 2017 NY Slip Op 92989(U)
Decided on November 20, 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

M241009

E/htr

MARK C. DILLON, J.P.

RUTH C. BALKIN

ROBERT J. MILLER

HECTOR D. LASALLE, JJ.

2016-10490

Patrick Fox, appellant,

v Patriot Saloon, et al., respondents.

(Index No. 4963/14)

DECISION & ORDER ON MOTION

Motion by the respondent Estate of William Stone to dismiss an appeal from an order of the Supreme Court, Kings County, dated August 15, 2016, on the ground that the appellant failed to serve counsel with the record and the appellant's brief and to impose a sanction upon the appellant, or, in the alternative, 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 branch of the motion which is to enlarge the time to serve and file a brief is granted, the time of the respondent Estate of William Stone to serve and file a brief is enlarged until December 20, 2017, and the brief of the respondent Estate of William Stone shall be served and filed on or before that date; and it is further,

ORDERED that the motion is otherwise denied.

DILLON, J.P., BALKIN, MILLER and LASALLE, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court