Appellate Division: Second Judicial Department

M105781

S/sl

FRED T. SANTUCCI, J.P.

JOHN M. LEVENTHAL

CHERYL E. CHAMBERS

LEONARD B. AUSTIN, JJ.

2009-10614 Alvin H. Broser, appellant, v Lester Dworman, et al., respondents. (Index No. 51552/02)

DECISION & ORDER ON MOTION

Motion by the respondent Robert Herskowitz on an appeal from an order of the Supreme Court, Kings County, dated September 25, 2009, to strike the appellant's brief on the ground that it raises issues not properly before this court, and separate motion by the respondent Robert Herskowitz to dismiss the appeal on the ground, inter alia, that the order dated September 25, 2009, denies reargument.

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

ORDERED that the motion to strike the appellant's brief is denied without prejudice to raising the issues in the movant's brief; and it is further,

ORDERED that the motion to dismiss the appeal is held in abeyance and referred to the Justices hearing the appeal for determination upon the argument or submission of the appeal; and it is further,

ORDERED that the movant's time to serve and file a brief is enlarged until August 13, 2010, and the movant'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.

SANTUCCI, J.P., LEVENTHAL, CHAMBERS and AUSTIN, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court