Appellate Division: Second Judicial Department

M78659

E/sl

HOWARD MILLER, J.P.

THOMAS A. DICKERSON

JOHN M. LEVENTHAL

ARIEL E. BELEN, JJ.

2008-02575 Teresa Vogelgesang, respondent, v Arthur Vogelgesang, appellant. (Index No. 750/05)

DECISION & ORDER ON MOTION

Motion by the respondent, inter alia, to dismiss an appeal from an order of the Supreme Court, Queens County, dated February 6, 2008, on the ground, among others, that no appeal lies from an order denying resettlement, or 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 the appeal on the ground that no appeal lies from an order denying resettlement is denied without prejudice to raising the issue in the respondent's brief; and it is further,

ORDERED that the branch of the motion which is to enlarge the time to serve and file a brief is granted, the respondent's time to serve and file a brief is enlarged until December 10, 2008, and the respondent's brief must be served and filed on or before that date; and it is further,

ORDERED that no further enlargement of time shall be granted; and it is further,

ORDERED that the motion is otherwise denied.

MILLER, J.P., DICKERSON, LEVENTHAL and BELEN, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court