Holland v W.M. Realty Management, Inc.
Motion No: 2007-11704
Slip Opinion No: 2008 NYSlipOp 78345(U)
Decided on July 22, 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.


Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M73148

E/sl

ANITA R. FLORIO, J.P.

JOSEPH COVELLO

RUTH C. BALKIN

JOHN M. LEVENTHAL, JJ.

2007-11704

Aleah Holland, etc., et al., appellants,

v W.M. Realty Management, Inc., respondent.

(Index No. 28601/05)

DECISION & ORDER ON MOTION

Motion by the appellants to enlarge the time to perfect an appeal from an order of the Supreme Court, Kings County, dated November 7, 2007. Cross motion by the respondent to dismiss the appeal on the ground that the right to appeal from the order terminated with entry of judgment in the action.

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 and the cross motion are held in abeyance pending determination of the appellants' motion to vacate their default in failing to oppose the respondent's motion for summary judgment. The parties shall advise the court when the appellants' motion is decided.

FLORIO, J.P., COVELLO, BALKIN and LEVENTHAL, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court