JMF Consulting Grp. II, Inc. v. Beverage Mktg. USA, Inc.

Full title: JMF Consulting Group II, Inc., etc., plaintiff- appellant, v. Beverage…

Court: Supreme Court of the State of New York Appellate Division: Second Judicial Department

Date published: Dec 16, 2011

2011 N.Y. Slip Op. 92977 (N.Y. App. Div. 2011)

Opinion

Motion No: 2011-09485 Index No. 11005/08 M130438

12-16-2011

JMF Consulting Group II, Inc., etc., plaintiff- appellant, v. Beverage Marketing USA, Inc., defendant third-party plaintiff-respondent; John M. Ferolito, third-party defendant-appellant.

ANITA R. FLORIO

, J.P.

ARIEL E. BELEN

L. PRISCILLA HALL

SANDRA L. SGROI, JJ.

DECISION & ORDER ON MOTION

Motion by the plaintiff-appellant and third-party defendant-appellant to stay the trial in the above-entitled action pending hearing and determination of an appeal from an order of the Supreme Court, Nassau County, entered August 18, 2011. Application by the defendant third-party plaintiff-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 motion is denied; and it is further,

ORDERED that the application is granted and the defendant third-party plaintiff-respondent's time to serve and file a brief is enlarged until January 30, 2012, and the defendant third-party plaintiff-respondent's brief must be served and filed on or before that date.

FLORIO, J.P., BELEN, HALL and SGROI, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court