| Kuchmarenko v Schlosser |
| Motion No: 2007-04127 |
| Slip Opinion No: 2007 NYSlipOp 73469(U) |
| Decided on July 11, 2007 |
| 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
M56964
E/sl
WILLIAM F. MASTRO, J.P.
ROBERT A. SPOLZINO
GABRIEL M. KRAUSMAN
ROBERT A. LIFSON, JJ.
|
2007-04127 Margaret Kuchmarenko, appellant, v Martin Schlosser, et al., respondents. (Index No. 45482/03)
| DECISION & ORDER ON MOTION |
Motion by the respondent Diana Tablev to dismiss an appeal from a judgment of the Supreme Court, Kings County, dated April 26, 2007, on the ground that any issues that could be raised on the appeal are precluded by the doctrine of Bray v Cox (38 NY2d 350).
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the motion is held in abeyance and referred to the panel of Justices hearing the appeal for determination upon the argument or submission thereof.
MASTRO, J.P., SPOLZINO, KRAUSMAN and LIFSON, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court