Appellate Division: Second Judicial Department

M34371

Y/sl

PETER B. SKELOS, J.P.

STEVEN W. FISHER

MARK C. DILLON

JOSEPH COVELLO, JJ.

2005-11064 In the Matter of David Deutsch, respondent, v Herman Stern, et al., appellants. (Index No. 9182/04)

DECISION & ORDER ON MOTION

Motion by the appellants to stay enforcement of a judgment of the Supreme Court, Kings County, dated November 14, 2005, pending hearing and determination of an appeal therefrom, and cross motion by the respondent to dismiss the appeal on the ground that the appeal is barred by the arbitration agreement between the parties, or, in the alternative, to enlarge the time to serve and file a brief.

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

ORDERED that the motion is denied; and it is further,

ORDERED that the branch of the cross motion which is to dismiss the appeal is denied without prejudice to raising the issue in the respondent's brief; and it is further,

ORDERED that the branch of the cross motion which is to enlarge time is granted; the respondent's time to serve and file a brief is enlarged until February 3, 2006, and the respondent's brief must be served and filed on or before that date.

SKELOS, J.P., FISHER, DILLON and COVELLO, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court