Appellate Division: Second Judicial Department

M135111

E/sl

REINALDO E. RIVERA, J.P.

ANITA R. FLORIO

CHERYL E. CHAMBERS

JEFFREY A. COHEN, JJ.

2011-03114 Steven W. Asman, respondent, v John Durst, appellant. (Index No. 20142/08)

DECISION & ORDER ON MOTION

Motion by the respondent to dismiss an appeal from a judgment of the Supreme Court, Nassau County, entered January 20, 2011, on the grounds, inter alia, that the issues to be raised on the appeal from the judgment are barred by the doctrine of Bray v Cox (38 NY2d 350), 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, it is

ORDERED that the branch of the motion which is to dismiss the appeal on the ground that the issues to be raised on the appeal from the judgment are barred by the doctrine of Bray v Cox (38 NY2d 350) 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 respondent's time to serve and file a brief is granted, the respondent's time to serve and file a brief is enlarged until April 19, 2012, and the respondent's brief must be served and filed on or before that date; and it is further,

ORDERED that the motion is otherwise denied.

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

ENTER:

Aprilanne Agostino

Clerk of the Court