| Maksuta v Galiatsatos |
| Motion No: 2008-02642 |
| Slip Opinion No: 2008 NYSlipOp 80787(U) |
| Decided on August 21, 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
M74727
E/cb
A. GAIL PRUDENTI, P.J.
ANITA R. FLORIO
RUTH C. BALKIN
RANDALL T. ENG, JJ.
|
2008-02642
John Maksuta, et al., appellants, v C. Galiatsatos, etc., et al., respondents. (Index No. 5034/07)
| DECISION & ORDER ON MOTION |
Motion by the respondent to dismiss an appeal from an order of the Supreme Court, Kings County, dated February 6, 2008, "on the ground that [the] order is not reviewable." Cross motion by the appellant to enlarge the time to perfect the appeal.
Upon the papers filed in support of the motion and cross motion and the papers filed in opposition thereto, it is
ORDERED that the motion to dismiss 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 cross motion is granted, the appellant's time to perfect the appeal enlarged until October 20, 2008, and the record and the appellant's brief must be served and filed on or before that date.
PRUDENTI, P.J., FLORIO, BALKIN and ENG, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court