Stephen v. State

Full title: Molly Stephen, et al., appellants, v. State of New York, respondent.

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

Date published: Apr 8, 2013

2013 N.Y. Slip Op. 69744 (N.Y. App. Div. 2013)

Opinion

2012-02939 Claim No. 119825 M154176

04-08-2013

Molly Stephen, et al., appellants, v. State of New York, respondent.

MARK C. DILLON

, J.P.

CHERYL E. CHAMBERS

L. PRISCILLA HALL

SYLVIA HINDS-RADIX, JJ.

DECISION & ORDER ON MOTION

Motion by the respondent to dismiss an appeal from an order of the Court of Claims dated January 19, 2012, on the ground that no appeal lies as of right from the order and leave to appeal has not been, obtained, or, in effect, 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 dismiss the appeal is held in abeyance and referred to the panel of Justices hearing the appeal for determination upon the argument or submission thereof; and it is further,

ORDERED that the branch of the motion which is to enlarge the time to serve and file a brief is granted, the respondent's time to serve and file a brief is enlarged until May 6, 2013, and the respondent's brief must be served and filed on or before that date.

DILLON, J.P., CHAMBERS, HALL and HINDS-RADIX, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court