Sadovsky v Karayev
Motion No: 2005-11274
Slip Opinion No: 2006 NYSlipOp 70899(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.


Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M41370

O/sl

ANITA R. FLORIO, J.P.

DAVID S. RITTER

GLORIA GOLDSTEIN

STEVEN W. FISHER, JJ.

2005-11274

Karel Sadovsky, appellant, v

Igor Karayev, et al., respondents.

(Index No. 17686/03)

DECISION & ORDER ON MOTION

Motion by the respondents Igor Karayev and Konstantin Kovalev to dismiss an appeal from an order of the Supreme Court, Kings County, dated September 26, 2005, insofar as asserted against them on the ground that the appeal was untimely taken, and separate motion by the respondent Arline Lester for the same relief.

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

ORDERED that the motion of the respondents Igor Karayev and Konstantin Kovalev is granted, and the appeal is dismissed insofar as asserted against them, without costs or disbursements; and it is further,

ORDERED that the motion of the respondent Arline Lester is denied (see Maddox v City of New York, 104 AD2d 430), and it is further,

ORDERED that on the court's own motion, the appellant's time to perfect the appeal is enlarged until August 10, 2006, and the record or appendix on the appeal and the appellant's brief must be served and filed on or before that date.

FLORIO, J.P., RITTER, GOLDSTEIN and FISHER, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court