Appellate Division: Second Judicial Department

M39299

A/nal

STEPHEN G. CRANE, J.P.

DAVID S. RITTER

GABRIEL M. KRAUSMAN

PETER B. SKELOS, JJ.

2006-00972 In the Matter of Dean E. Hart, appellant, v Penny Fern Hart, respondent, Tri-State Consumer Insurance Company, nonparty. (Index No. 11144/05)

DECISION & ORDER ON MOTION

Separate motions by the respondent and the nonparty, Tri-State Consumer Insurance Company, on an appeal from a judgment of the Supreme Court, Nassau County, dated December 20, 2005, inter alia, in effect, to hold the appeal in abeyance and remit the matter to the Supreme Court, Nassau County, to determine whether the subject arbitration award is void, or to enlarge the time to serve and file a brief on the appeal, and cross motion by the appellant for a preference in the calendaring of the appeal.

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

ORDERED that the branch of the motion of the respondent, Penny Fern Hart, to enlarge the time to serve and file a brief on the appeal is granted; and it is further,

ORDERED that the time of the respondent, Penny Fern Hart, to serve and file a brief is enlarged until June 8, 2006, and the brief of the respondent, Penny Fern Hart, must be served and filed on or before that date; and it is further,

ORDERED that the motion of the respondent, Penny Fern Hart, is otherwise denied; and it is further,

ORDERED that the motion of the nonparty, Tri-State Consumer Insurance Company, is denied, on the ground that it is not a respondent on the appeal; and it is further,

ORDERED that the cross motion is denied.

CRANE, J.P., RITTER, KRAUSMAN and SKELOS, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court