Opinion
2011-07668 2012-00791 Index No. 10018/09 M147193
11-28-2012
Segundo Murillo, respondent-appellant, v. Geoffrey Porteus, et al., appellants-respondents (and a third-party action). (Appeal No. 1) Segundo Murillo, respondent, v. Geoffrey Porteus , et al., appellants, et al., defendants. (and a third-party action) (Appeal No. 2)
, J.P.
RUTH C. BALKIN
CHERYL E. CHAMBERS
ROBERT J. MILLER, JJ.
DECISION & ORDER ON MOTION
Motion by Geoffrey Porteus, inter alia, in effect, pursuant to CPLR 5520(a) to deem a notice of appeal from an order of the Supreme Court, Westchester County, entered December 9, 2011, which was timely filed, to be timely served, to enlarge the time to serve his brief and the record with respect to that appeal. Cross motion by Segundo Murillo to hold the appeal from the order entered December 9, 2011, in abeyance pending hearing and determination of an appeal and a cross appeal from an order of the same court entered June 27, 2011. Separate motion by Geoffrey Porteus to stay the trial in the above-entitled action pending hearing and determination of the appeals and cross appeal.
Upon the papers filed in support of the motion by Geoffrey Porteus and the cross motion, and the papers filed in opposition thereto, and upon the papers filed in support of the motion by Geoffrey Porteus to stay the trial and the papers filed in relation thereto, it is
ORDERED that the branches of the motion by Geoffrey Porteus which are, in effect, pursuant to CPLR 5520(a) to deem the notice of appeal from the order entered December 9, 2011, to be timely served, and to enlarge the time to serve his brief and the record with respect to that appeal are granted, and on or before December 12, 2012, Geoffrey Porteus shall serve his brief and the record with respect to the appeal from the order entered December 9, 2011, on counsel for Segundo Murillo at counsel's current address and file proof of service with the Clerk of the Court; and it is further,
ORDERED that the cross motion is denied; and it is further,
ORDERED that the motion by Geoffrey Porteus to stay the trial is denied; and it is further,
ORDERED that on the Court's own motion, Segundo Murillo's time to serve and file a brief with respect to the appeal from the order entered December 9, 2011, is enlarged until January 14, 2013, and that brief must be served and filed on or before that date.
SKELOS, J.P., BALKIN, CHAMBERS and MILLER, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court