Dukat v Galu
Motion No: 2007-00103
Slip Opinion No: 2007 NYSlipOp 82591(U)
Decided on November 1, 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.


Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M61932

E/sl

ROBERT A. SPOLZINO, J.P.

DAVID S. RITTER

JOSEPH COVELLO

THOMAS A. DICKERSON, 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 Anthony Galu 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 strike the answering brief filed by Boris Dukat on the ground that it was not timely filed, to stay the trial in the above-entitled proceeding, and to enlarge the time to serve and file a reply 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 enlarge Anthony Galu's time to serve and file a reply brief is granted, Anthony Galu's time to serve and file a reply brief is enlarged until November 13, 2007, and Anthony Galu's reply brief must be served and filed on or before that date; and it is further,

ORDERED that the motion is otherwise denied.

SPOLZINO, J.P., RITTER, COVELLO and DICKERSON, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court