Appellate Division: Second Judicial Department

M57866

E/sl

REINALDO E. RIVERA, J.P.

ROBERT A. SPOLZINO

JOSEPH COVELLO

WILLIAM E. McCARTHY, JJ.

2007-00103, 2007-05559 Boris Dukat, respondent-appellant, v Anthony Galu, appellant-respondent. (Appeal No. 1) Boris Dukat, respondent, v Anthony Galu, appellant. (Appeal No. 2) (Index No. 25218/05)

DECISION & ORDER ON MOTION

Motion by Boris Dukat on an appeal and cross-appeal from an order of the Supreme Court, Kings County, dated November 27, 2006, and an appeal from an order of the same court dated February 26, 2007, to dismiss the appeal from the order dated February 26, 2007, as untimely taken or on the ground that no appeal lies from an order denying reargument, and 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 from the order dated February 26, 2007, as untimely taken is denied; and it is further,

ORDERED that the branch of the motion which is to dismiss the appeal from the order dated February 26, 2007, on the ground that no appeal lies from an order denying reargument is held in abeyance and referred to the panel of Justices hearing the appeal for determination upon the argument or submission thereof; 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 Boris Dukat's time to serve and file a brief is enlarged until September 4, 2007, and Boris Dukat's brief must be served and filed on or before that date.

RIVERA, J.P., SPOLZINO, COVELLO and McCARTHY, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court