Appellate Division: Second Judicial Department

M58055

E/mv

A. GAIL PRUDENTI, P.J.

STEPHEN G. CRANE

DAVID S. RITTER

GLORIA GOLDSTEIN, JJ.

2007-00337 Barbara D. Stevens, et al., respondents, v New York City Transit Authority, et al., appellants. (Index No. 15156/93)

DECISION & ORDER ON MOTION

Application by the appellants pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect an appeal from an amended judgment of the Supreme Court, Kings County, dated August 16, 2006. By order to show cause dated June 26, 2007, the parties or their attorneys were directed to show cause why this appeal should or should not be dismissed on the ground that the issues the appellants intend to raise on this appeal are barred by the doctrine of law of the case (see Marcus Dairy v Jacene Realty Corp., 298 AD2d 366), based on the decision and order of this court dated June 20, 2005, which determined the appellants prior appeal from a judgment entered October 3, 2003 (see Stevens v New York City Tr. Auth., 19 AD3d 583), and the application to enlarge time was held in abeyance in the interim.

Upon the order to show cause and the papers filed in response thereto, and upon the application, it is

ORDERED that the order to show cause to dismiss the appeal 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 application is granted and the appellants' time to perfect the appeal is enlarged until October 5, 2007, and the record or appendix on the appeal and the appellants' brief must be served and filed on or before that date.

PRUDENTI, P.J., CRANE, RITTER and GOLDSTEIN, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court