Appellate Division: Second Judicial Department

M82288

E/sl

WILLIAM F. MASTRO, J.P.

PETER B. SKELOS

MARK C. DILLON

RANDALL T. ENG, JJ.

2008-06287 715 Ocean Parkway Owners Corporation, appellant-respondent, v Seymour Klagsbrun, respondent-appellant. (Index No. 42081/03)

DECISION & ORDER ON MOTION

Motion by Goldberg & Rimberg, PLLC, counsel for the respondent-appellant on an appeal and cross appeal from judgment of the Supreme Court, Kings County, dated May 28, 2008, to appoint a guardian for the respondent-appellant, to enlarge the respondent-appellant's time to serve and file an answering brief, including his points of argument on the cross appeal (see 22 NYCRR 670.8[c][3]), to be relieved as counsel, and to stay all proceedings so that the respondent-appellant may obtain new counsel.

Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is

ORDERED that the branches of the motion which are to appoint a guardian for the respondent-appellant and to relieve Goldberg & Rimberg, PLLC, as counsel and to stay all proceedings so that the respondent-appellant may obtain new counsel are denied without prejudice to seeking this relief in the Supreme Court, Kings County, within 30 days of the date of this order; and it is further,

ORDERED that the branch of the motion which is to enlarge the respondent-appellant's time to serve and file an answering brief, including his points of argument on the cross appeal (see 22 NYCRR 670.8[c][3]), is granted, the respondent-appellant's time to serve and file an answering brief, including his points of argument on the cross appeal (see 22 NYCRR 670.8[c][3]), is enlarged until April 13, 2009, and the answering brief shall be served and filed on or before that date.

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

ENTER:

James Edward Pelzer

Clerk of the Court