Matter of Wohl v Fequiere
Motion No: 2010-08214
Slip Opinion No: 2011 NY Slip Op 74853(U)
Decided on June 7, 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

M120993

E/sl

MARK C. DILLON, J.P.

JOHN M. LEVENTHAL

L. PRISCILLA HALL

PLUMMER E. LOTT, JJ.

2010-08214

In the Matter of Bert Wohl, etc., respondent,

v Ernest Fequiere, et al., appellants.

(Index No. 5400/08)

DECISION & ORDER ON MOTION

Motion by the respondent to dismiss an appeal from an order of the Supreme Court, Queens County, entered August 6, 2010, on the ground that it is barred by res judicata. Cross motion by the appellants to enlarge the time to perfect the appeal.

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

ORDERED that the motion is denied; and it is further,

ORDERED that the cross motion is granted, the appellants' time to perfect the appeal is enlarged until July 5, 2011, and the record or appendix on the appeal and the appellants' brief must be served and filed on or before that date.

DILLON, J.P., LEVENTHAL, HALL and LOTT, JJ., concur.

ENTER:

Matthew G. Kiernan

Clerk of the Court