| Hebrew Institute for Deaf and Exceptional Children v Kah |
| Motion No: 2009-03994 |
| Slip Opinion No: 2010 NY Slip Op 61909(U) |
| Decided on January 27, 2010 |
| 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
M97863
S/sl
REINALDO E. RIVERA, J.P.
JOHN M. LEVENTHAL
PLUMMER E. LOTT
LEONARD B. AUSTIN, JJ.
|
2009-03994 Hebrew Institute for Deaf and Exceptional Children, appellant, v Abraham M. Kahana, et al., respondents, et al., defendants. (Index No. 27823/06)
| DECISION & ORDER ON MOTION |
Motion by the appellant on an appeal from an order of the Supreme Court, Kings County, dated March 27, 2009, to sever the appeal insofar as asserted against the respondent Mark Kaplan from the appeal asserted against Abraham M. Kahana, and to hold in abeyance the appeal against the respondent Mark Kaplan until the completion of a bankruptcy proceeding commenced by Mark Kaplan. Application by the respondent Abraham M. Kahana to enlarge the time to serve and file a brief.
Upon the papers filed in support of the motion and the papers filed in relation thereto, it is
ORDERED that the motion is denied; and it is further,
ORDERED that the application is denied without prejudice to renew once the bankruptcy proceeding commenced by Mark Kaplan is completed or the stay currently in effect as a result of the bankruptcy proceeding is lifted.
RIVERA, J.P., LEVENTHAL, LOTT and AUSTIN, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court