| 2005-2011 Realty, LLC v Brailovskiy |
| Motion No: 2019-00946 |
| Slip Opinion No: 2019 NY Slip Op 75746(U) |
| Decided on July 22, 2019 |
| 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. |
Appellate Division: Second Judicial Department
M264629
E/sl
RUTH C. BALKIN, J.P.
SHERI S. ROMAN
JEFFREY A. COHEN
JOSEPH J. MALTESE, JJ.
|
2019-00946 2005-2011 Realty, LLC, plaintiff, v Aleksandr Brailovskiy, et al., defendants third-party plaintiffs-respondents; Boris Kurbatsky, et al., third-party defendants-appellants. (Index No. 502216/16)
| DECISION & ORDER ON MOTION |
Motion by the defendants third-party plaintiffs-respondents to dismiss an appeal from an order of the Supreme Court, Kings County, dated November 26, 2018, on the ground that review of the issues to be raised are precluded by dismissal of a prior appeal under Appellate Division Docket No. 2018-00424, for failure to timely perfect or, in the alternative, to extend 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 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 extend the time to serve and file a brief granted, the respondent's time to serve and file a brief is extended until August 21, 2019, and the respondent's brief shall be served and filed on or before that date.
BALKIN, J.P., ROMAN, COHEN and MALTESE, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court