Appellate Division: Second Judicial Department

M73949

S/sl

REINALDO E. RIVERA, J.P.

HOWARD MILLER

JOSEPH COVELLO

ARIEL E. BELEN, JJ.

2007-10633 Doh M. Lee, et al., appellants, v Gabriel McQueens, et al., respondents. (Index No. 37668/05)

DECISION & ORDER ON MOTION

Motion by the respondent Gabriel McQueens to dismiss an appeal from an order of the Supreme Court, Kings County, dated October 24, 2007, insofar as asserted against him on the grounds that (1) he was not served with the notice of appeal and (2) the appellants have abandoned the appeal as against him based on the issues raised in their brief, or to enlarge the time to serve and file a brief. Application by the respondent Pedro Molasco Reyes pursuant to 22 NYCRR 670.8(d)(2) 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, and upon the application, it is

ORDERED that the branch of the motion which is to dismiss the appeal on the ground that the appellants have abandoned the appeal insofar as asserted against the respondent Gabriel McQueens is granted, and the appeal as against Gabriel McQueens is dismissed, without costs or disbursements; and it is further,

ORDERED that the motion is otherwise denied as academic; and it is further,

ORDERED that the application is granted and the time of the respondent Pedro Molasco Reyes to serve and file a brief is enlarged until August 21, 2008, and that respondent's brief must be served and filed on or before that date.

RIVERA, J.P., MILLER, COVELLO and BELEN, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court