Matter of Braver v Silberman
Motion No: 2010-02117
Slip Opinion No: 2011 NY Slip Op 68767(U)
Decided on March 31, 2011
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.


Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M117854

E/sl

DANIEL D. ANGIOLILLO, J.P.

RUTH C. BALKIN

JOHN M. LEVENTHAL

SANDRA L. SGROI, JJ.

2010-02117, 2010-10823

In the Matter of Shaya Braver, respondent,

v Tzvi Elimelech Silberman, etc., appellant.

(Index No. 3772/09)

DECISION & ORDER ON MOTION

Motion by the respondent on appeals from two orders of the Supreme Court, Kings County, dated January 7, 2010, and October 8, 2010, respectively, to dismiss the appeal from the order dated October 8, 2010, on the ground that no appeal lies from an order denying reargument, 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 appeal from the order dated October 8, 2010 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, the respondent's time to serve and file a brief is enlarged until May 2, 2011, and the respondent's brief must be served and filed on or before that date.

ANGIOLILLO, J.P., BALKIN, LEVENTHAL and SGROI, JJ., concur.

ENTER:

Matthew G. Kiernan

Clerk of the Court