Appellate Division: Second Judicial Department

M92161

E/sl

PETER B. SKELOS, J.P.

JOSEPH COVELLO

JOHN M. LEVENTHAL

SHERI S. ROMAN, JJ.

2009-03040, 2009-04299, 2009-04300 Tara Khanal, respondent, v Dave Sheldon, etc., appellant, et al., defendant. (Index No. 2958/07)

DECISION & ORDER ON MOTION

Motion by the respondent to dismiss appeals from three orders of the Supreme Court, Queens County, entered January 15, 2009, February 25, 2009, and March 5, 2009, respectively, on the ground that the appeals are not from appealable papers, to impose a sanction upon the appellant pursuant to 22 NYCRR 130-1.1, and 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 appeals is held in abeyance and referred to the panel of Justices hearing the appeals for determination upon the argument or submission thereof; and it is further,

ORDERED that the branch of the motion which is to impose a sanction upon the appellant pursuant to 22 NYCRR 130-1.1 is denied; and it is further,

ORDERED that the branch of the motion which is to enlarge the respondent's time to serve and file a brief is granted, the respondent's time to serve and file a brief is enlarged until October 21, 2009, and the respondent's brief must be served and filed on or before that date.

SKELOS, J.P., COVELLO, LEVENTHAL and ROMAN, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court