Appellate Division: Second Judicial Department

M42448

Y/nl

ANITA R. FLORIO, J.P.

ROBERT A. SPOLZINO

PETER B. SKELOS

ROBERT J. LUNN, JJ.

2005-10823 Alicia Farmer, etc., appellant, v Nostrand Avenue Meat and Poultry, defendant, Fred Lane, respondent. (Index No. 125119/96)

DECISION & ORDER ON MOTION

Motion by the respondent to dismiss an appeal from a judgment of the Supreme Court, Kings County, entered September 20, 2005, on the ground, inter alia, that the appellant raises issues that are not properly before this court, 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 on the ground that the appellant raises issues that are not properly before this court 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 August 22, 2006, and the respondent's brief must be served and filed on or before that date; and it is further,

ORDERED that the motion is denied in all other respects.

FLORIO, J.P., SPOLZINO, SKELOS and LUNN, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court