| Lipschitz v Stein |
| Motion No: 2006-03585 |
| Slip Opinion No: 2008 NYSlipOp 86530(U) |
| Decided on October 17, 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
M77303
E/sl
PETER B. SKELOS, J.P.
JOSEPH COVELLO
RANDALL T. ENG
CHERYL E. CHAMBERS, JJ.
|
2006-03585, 2008-05342 Ada Lipschitz, as executrix of the estate of Menachem Lipschitz, et al., appellants, v Arnold J. Stein, etc., respondent. (Appeal No. 1) Ada Lipschitz, as executrix of the estate of Menachem Lipschitz, et al., appellants-respondents, v Arnold J. Stein, etc., respondent-appellant. (Appeal No. 2) (Index No. 47446/98)
| DECISION & ORDER ON MOTION |
Motion by the appellants/appellants-respondents on an appeal from an order of the Supreme Court, Kings County, dated January 3, 2006, and an appeal and cross appeal from an order of the same court dated June 30, 2006, to stay a certain hearing pursuant to Frye v United States (293 F2d 1013) in the above-entitled action, pending hearing and determination of the appeals and cross appeal. Application by Arnold J. Stein 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 and the papers filed in opposition thereto, it is
ORDERED that the motion is denied; and it is further,
ORDERED that the application is granted and Arnold J. Stein's time to serve and file a brief is enlarged until November 10, 2008, and Arnold J. Stein's brief must be served and filed on or before that date.
SKELOS, J.P., COVELLO, ENG and CHAMBERS, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court