Pinzon v Eskander
Motion No: 2011-02102
Slip Opinion No: 2011 NY Slip Op 76166(U)
Decided on June 21, 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

M121905

E/sl

REINALDO E. RIVERA, J.P.

ANITA R. FLORIO

LEONARD B. AUSTIN

JEFFREY A. COHEN, JJ.

2011-02102

Martin Pinzon, et al., appellants,

v Edel Eskander, respondent.

(Index No. 33469/06)

DECISION & ORDER ON MOTION

Appeal by Martin Pinzon and Milva Pinzon from an order of the Supreme Court, Kings County, dated June 8, 2010. By order to show cause dated April 7, 2011, counsel for the parties were directed to show cause why an order should or should not be made and entered dismissing the appeal on the ground that no appeal lies from a decision.

Now, upon the order to show cause and the papers filed in response thereto, it is

ORDERED that the motion to dismiss the appeal is denied; and it is further,

ORDERED that the respondent's time to serve and file a brief is enlarged until July 22, 2011, and the respondent's brief must be served and filed on or before that date.

RIVERA, J.P., FLORIO, AUSTIN and COHEN, JJ., concur.

ENTER:

Matthew G. Kiernan

Clerk of the Court