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People v. Jaguar Sales

April 21, 2009

IN THE MATTER OF PEOPLE OF STATE OF NEW YORK, ETC., RESPONDENT,
v.
JAGUAR SALES, LLC, D/B/A JAGUAR SALES, ET AL., APPELLANTS.



In a proceeding, inter alia, pursuant to Executive Law § 63(12), General Business Law article 22-A, and Labor Law §§ 191(c) and 193 to enjoin Jaguar Sales, LLC, d/b/a Jaguar Sales, Ann Sibiski, David Sibiski, Tom Sibiski, Adam Carlisle, Stephen Barcel, Tim Brown, D.J. Warren, Kelly "Doe," and Premier Sales from engaging in any fraudulent practice, the appeal is from so much of an order of the Supreme Court, Dutchess County (Brands, J.), dated March 7, 2008, as granted that branch of the petitioner's cross motion which was pursuant to CPLR 3211(d) for a 90-day continuance to conduct discovery.

Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.

This opinion is uncorrected and subject to revision before publication in the Official Reports.

A. GAIL PRUDENTI, P.J., FRED T. SANTUCCI, ANITA R. FLORIO and ARIEL E. BELEN, JJ.

(Index No. 5192/07)

DECISION & ORDER

ORDERED that the order is affirmed insofar as appealed from, with costs.

The Supreme Court providently granted that branch of the petitioner's cross motion which was pursuant to CPLR 3211(d) for a 90-day continuance to conduct discovery to determine

whether Jaguar Sales, LLC, d/b/a Jaguar Sales, and Premier Sales, had sufficient contacts with, and activities in, the State of New York to be subject to personal jurisdiction in New York (see Peterson v Spartan Indus., 33 NY2d 463).

PRUDENTI, P.J., SANTUCCI, FLORIO and BELEN, JJ., concur.

20090421

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