Appellate Division: Second Judicial Department

M54464

E/sl

HOWARD MILLER, J.P.

WILLIAM F. MASTRO

GABRIEL M. KRAUSMAN

EDWARD D. CARNI, JJ.

2006-07588 Jorge Navarrete, et al., appellants, v Michael Alexiades, etc., et al., respondents, et al., defendants. (Index No. 14132/99)

DECISION & ORDER ON MOTION

Motion by the respondent Michael Alexiades and separate motion by the respondent Hospital for Special Surgery to dismiss an appeal from an order of the Supreme Court, Queens County, dated June 9, 2006, on the ground that no appeal lies from an order denying reargument or, in the alternative, to enlarge the time to serve and file a brief.

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

ORDERED that the branches of the motions which are to dismiss the appeal are denied without prejudice to the respondents' raising the issue in their respective briefs; and it is further,

ORDERED that the branches of the motions which are to enlarge the time to serve and file a brief are granted, the respondents' time to serve and file their respective briefs is enlarged until June 11, 2007, and the respondents' respective briefs must be served and filed on or before that date; and it is further,

ORDERED that no further enlargements of time shall be granted.

MILLER, J.P., MASTRO, KRAUSMAN and CARNI, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court