| Olim Realty v Lanaj Home Furnishings |
| Motion No: 2007-07528 |
| Slip Opinion No: 2008 NYSlipOp 71639(U) |
| Decided on May 9, 2008 |
| 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
M70219
E/cb
STEVEN W. FISHER, J.P.
ANITA R. FLORIO
JOSEPH COVELLO
EDWARD D. CARNI, JJ.
|
2007-07528 Olim Realty, respondent, v Lanaj Home Furnishings, et al., appellants. (Index No. 5781/04)
| DECISION & ORDER ON MOTION |
Motion by the respondent on an appeal from a judgment of the Supreme Court, Westchester County, entered July 12, 2007, inter alia, to dismiss stated portions of the appeal on the ground that review is precluded under Bray v Cox (38 NY2d 350), 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 stated portions of 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 branch of the motion which is to enlarge the respondent's time to serve and file a brief is denied as unnecessary as the respondent's brief was timely served and filed; and it is further,
ORDERED that the motion is otherwise denied.
FISHER, J.P., FLORIO, COVELLO and CARNI, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court