Appellate Division: Second Judicial Department

M51920

E/sl

HOWARD MILLER, J.P.

STEPHEN G. CRANE

ROBERT A. LIFSON

JOSEPH COVELLO, JJ.

2005-10680, 2006-06106, 2006-08981 Raymond A. Powers, defendant-respondent, v Catherine M. Wilson, appellant, Kim M. Rayner, nonparty-respondent. (Appeal Nos. 1 & 2) Raymond A. Powers, respondent, v Catherine M. Wilson, appellant. (Appeal No. 3) (Index No. 03-1903)

DECISION & ORDER ON MOTION

Motion by Raymond Powers on appeals from a judgment of the Supreme Court, Westchester County, dated August 15, 2006, and two orders of the same court dated October 4, 2005, and May 18, 2006, respectively, for leave to reargue that branch of his prior motion which was to dismiss the appeal from the judgment on the ground that the appeal was barred by the doctrine of Bray v Cox (38 NY2d 350), which was determined by decision and order on motion of this court dated December 5, 2006, and for leave to reargue that branch of the appellant's prior motion which was to reinstate the appeal from the order dated October 4, 2005, which was determined by decision and order on motion of this court dated December 19, 2006.

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

ORDERED that the motion is denied; and it is further,

ORDERED that on the court's own motion, on or before May 30, 2007, the appellant shall obtain and settle the transcripts which resulted in the judgment dated August 15, 2006, in accordance with CPLR 5525, and file a copy of the transcripts with the clerk of this court; and it is further,

ORDERED that on the court's own motion, the respondent's time to serve and file a respondent's brief is enlarged and the respondent's brief shall be served and filed on or before July 5, 2007.

MILLER, J.P., CRANE, LIFSON and COVELLO, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court