Appellate Division: Second Judicial Department

M34923

O/sl

HOWARD MILLER, J.P.

WILLIAM F. MASTRO

STEVEN W. FISHER

ROBERT J. LUNN, JJ.

2005-04181 Stephanie Gallagher, et al., respondents, v Rafael Roman, defendant, Julio Reyes, appellant. (Index No. 14354/03)

DECISION & ORDER ON MOTION

Motion by the respondent Stephanie Gallagher, inter alia, to dismiss an appeal from an order of the Supreme Court, Westchester County, entered March 28, 2005, on the ground that no appeal lies from an order denying reargument, or 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 is referred to the Justices hearing the appeal for determination upon the argument or submission of the appeal; 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; and it is further,

ORDERED that the respondents' time to serve and file a brief is enlarged until February 24, 2006, and the respondents' brief must be served and filed on or before that date; and it is further,

ORDERED that no further enlargements of time shall be granted; and it is further,

ORDERED that the motion is otherwise denied.

We note that the respondent Charles Gallagher must appear either pro se or by an attorney (see CPLR 321).

H. MILLER, J.P., MASTRO, FISHER and LUNN, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court