Opinion
2011-10044 2012-07413 Index No. 18903/06 M155120
04-23-2013
GMS Batching, Inc., respondent-appellant, v. Tadco Construction Corporation, et al., appellants-respondents, et al., defendants. (Appeal No. 1) GMS Batching, Inc., respondent, v. Tadco Construction Corporation, et al., appellants, et al., defendants. (Appeal No. 2)
, J.P.
CHERYL E. CHAMBERS
L. PRISCILLA HALL
SHERI S. ROMAN, JJ.
DECISION & ORDER ON MOTION
Motion by Tadco Construction Corporation and Frank DeMartino to hold in abeyance an appeal from a judgment of the Supreme Court, Queens County, entered June 13, 2012, pending determination of an appeal and cross appeal from an order of the same court entered August 25, 2011. Application by Tadco Construction Corporation and Frank DeMartino pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect the appeal from the judgment.
Upon the papers filed in support of the motion and the application, and no papers having been filed in opposition or in relation thereto, it is
ORDERED that the motion is denied; and it is further,
ORDERED that the application is granted, the applicants' time to perfect the appeal
from the judgment is enlarged until May 22, 2013, and the record or appendix on the appeal and the appellants' brief must be served and filed on or before that date.
ANGIOLILLO, J.P., CHAMBERS, HALL and ROMAN, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court