Appellate Division: Second Judicial Department

M81331

E/sl

PETER B. SKELOS, J.P.

MARK C. DILLON

DANIEL D. ANGIOLILLO

RANDALL T. ENG, JJ.

2008-06901 Mary R. Daccueil, plaintiff-respondent, v Omni Auto Group, Inc., defendant- respondent, Bank of America, appellant. (Index No. 8530/06)

DECISION & ORDER ON MOTION

Motion by the defendant-respondent to dismiss an appeal from an order of the Supreme Court, Kings County, dated June 16, 2008, pursuant to CPLR 5015 on the ground that the appeal does not raise any issue that is cognizable before this court, or, in the alternative, 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 and in relation thereto, it is

ORDERED that the branch of the motion which is 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 branch of the motion which is to enlarge the time to serve and file a brief is granted and the defendant-respondent's time to serve and file a brief is enlarged until February 23, 2009, and the defendant-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.

SKELOS, J.P., DILLON, ANGIOLILLO and ENG, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court