| Soto v City of New York |
| Motion No: 2005-04602 |
| Slip Opinion No: 2006 NYSlipOp 64702(U) |
| Decided on March 7, 2006 |
| Appellate Division, Second Department, Motion Decision |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| This motion is uncorrected and is not subject to publication in the Official Reports. |
Appellate Division: Second Judicial Department
M36680
O/sl
DAVID S. RITTER, J.P.
ROBERT A. SPOLZINO
ROBERT A. LIFSON
MARK C. DILLON, JJ.
|
2005-04602 Herman Soto, respondent, v City of New York, appellant. (Index No. 14873/98)
| DECISION & ORDER ON MOTION |
Motion by the respondent to dismiss an appeal from an order of the Supreme Court, Kings County, dated March 30, 2005, on the ground that no appeal lies from an order which denies a motion for reargument, or, in the alternative, 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 respondent's time to serve and file a brief is enlarged until April 4, 2006, and the respondent's brief must be served and filed on or before that date.
RITTER, J.P., SPOLZINO, LIFSON and DILLON, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court