Appellate Division: Second Judicial Department

M66387

E/sl

STEVEN W. FISHER, J.P.

MARK C. DILLON

WILLIAM E. McCARTHY

ARIEL E. BELEN, JJ.

2007-11218 Jose Edmundo Barbosa, appellant, v Dominick Capolarello, et al., respondents. (Index No. 21281/06)

DECISION & ORDER ON MOTION

Motion by the appellant to stay enforcement of so much of an order of the Supreme Court, Kings County, dated November 2, 2007, as directed him to appear for an orthopedic examination pending hearing and determination of an appeal from the order. Cross motion by the respondents to dismiss the appeal on the ground that the order appealed from does not affect a substantial right, or, in the alternative, to enlarge the time to serve and file a brief.

Upon the papers filed in support of the motion and the cross motion, and the papers filed in opposition thereto, it is

ORDERED that the motion is denied; and it is further,

ORDERED that the branch of the cross motion which is to dismiss the appeal is denied; and it is further,

ORDERED that the branch of the cross motion which is to enlarge the time to serve and file a brief is granted, the respondents' time to serve and file a brief is enlarged until March 20, 2008, and the respondents' brief must be served and filed on or before that date.

FISHER, J.P., DILLON, McCARTHY and BELEN, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court