| Cesar v Highland Care Center, Inc. |
| Motion No: 2005-10330 |
| Slip Opinion No: 2006 NYSlipOp 70874(U) |
| Decided on June 23, 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
M41319
O/sl
STEPHEN G. CRANE, J.P.
GLORIA GOLDSTEIN
REINALDO E. RIVERA
ROBERT A. LIFSON, JJ.
|
2005-10330 Caroll Cesar, appellant, v High and Care Center, Inc., respondent. (Index No. 1459/03)
| DECISION & ORDER ON MOTION |
Motion by the respondent to dismiss an appeal from an order of the Supreme Court, Queens County, dated July 7, 2005, in effect, on the ground that the issues raised on the appeal are precluded by the doctrine of Bray v Cox (38 NY2d 350), and application by the respondent to enlarge the time to serve and file a brief.
Upon the papers filed in support of the motion and application, and the papers filed in opposition and relation thereto, it is
ORDERED that the motion 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 application is granted; and it is further,
ORDERED that the respondent's time to serve and file a brief is enlarged until July 19, 2006, and the respondent's brief must be served and filed on or before that date.
CRANE, J.P., GOLDSTEIN, RIVERA and LIFSON, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court