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Spota v. Cnty. of Suffolk

Supreme Court of the State of New York Appellate Division: Second Judicial Department
Jun 20, 2013
2013 N.Y. Slip Op. 77367 (N.Y. App. Div. 2013)

Opinion

2012-11576 2013-00921 Index No. 4268/12 M158240

06-20-2013

Thomas J. Spota, et al., respondents, v. County of Suffolk, defendant-appellant; Peter Nichols, nonparty-appellant.


, J.P.

THOMAS A. DICKERSON

JOHN M. LEVENTHAL

ROBERT J. MILLER, JJ.

DECISION & ORDER ON MOTION

Motion by the nonparty-appellant for a preference in the calendaring of appeals from an order of the Supreme Court, Suffolk County, dated September 25, 2012, and a judgment of the same court dated November 8, 2012. Separate motion by the respondents, in effect, to strike stated portions of the nonparty-appellant's brief on the ground that it raises issues which are not properly before this Court and to enlarge the time to serve and file a brief.

Upon the papers filed in support of the motions and the papers filed in opposition thereto, it is

ORDERED that the nonparty-appellant's motion is granted and the appeals will be calendared after all of the briefs have been filed; and it is further,

ORDERED that the branch of the respondents' motion which is to strike stated portions of the nonparty-appellant's brief is held in abeyance and referred to the panel of Justices hearing the appeals for determination upon the argument or submission thereof; and it is further,

ORDERED that the branch of the respondents' motion which is to enlarge the time to serve and file a brief is granted, the respondents' time to serve and file a brief is enlarged until July 22, 2013, and the respondents' brief must be served and filed on or before that date; and it is further,

ORDERED that no further enlargement of time shall be granted.

DILLON, J.P., DICKERSON, LEVENTHAL and MILLER, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court


Summaries of

Spota v. Cnty. of Suffolk

Supreme Court of the State of New York Appellate Division: Second Judicial Department
Jun 20, 2013
2013 N.Y. Slip Op. 77367 (N.Y. App. Div. 2013)
Case details for

Spota v. Cnty. of Suffolk

Case Details

Full title:Thomas J. Spota, et al., respondents, v. County of Suffolk…

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

Date published: Jun 20, 2013

Citations

2013 N.Y. Slip Op. 77367 (N.Y. App. Div. 2013)