| Lieber Realty, LLC v Amber Heart Medical, P.C. |
| Motion No: 2007-00748 |
| Slip Opinion No: 2007 NYSlipOp 86456(U) |
| Decided on December 14, 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
M63638
E/cb
HOWARD MILLER, J.P.
ROBERT A. SPOLZINO
DAVID S. RITTER
THOMAS A. DICKERSON, JJ.
|
2007-00748 Lieber Realty, LLC, respondent, v Amber Heart Medical, P.C., appellant. (Index No. 25877/05)
| DECISION & ORDER ON MOTION |
Motion by the respondent to dismiss an appeal from an order of the Supreme Court, Kings County, dated November 30, 2006, on the ground that no appeal lies from an order denying a motion for leave to renew and reargue.
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; and it is further,
ORDERED that on the court's own motion, the respondent's time to serve and file a brief is enlarged until January 11, 2008, and the respondent's brief, if any, must be served and filed on or before that date.
MILLER, J.P., SPOLZINO, RITTER and DICKERSON, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court