APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M3553

Y/sl

GABRIEL M. KRAUSMAN, J.P.

SANDRA L. TOWNES

WILLIAM F. MASTRO

REINALDO E. RIVERA, JJ.

2002-02779 Culver & Theisen, Inc., appellant, v Starr Realty Company (NE) LLC, respondent. (Index No. 14831/01)

DECISION & ORDER ON MOTION

Motion by the appellant for leave to appeal to the Court of Appeals from a decision and order of this court, dated August 4, 2003, which determined an appeal from an order of the Supreme Court, Queens County, dated February 4, 2002.

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

ORDERED that the motion is denied.

KRAUSMAN, J.P., TOWNES, MASTRO and RIVERA, JJ., concur.

ENTER:

James Edward Pelzer

Clerk

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M3509

C/sl

MYRIAM J. ALTMAN, J.P.

GABRIEL M. KRAUSMAN

GLORIA GOLDSTEIN

HOWARD MILLER

STEPHEN G. CRANE, JJ.

2002-07209 Christine Geraghty, etc., et al., respondents, v Elmhurst Hospital Center of New York City Health and Hospitals Corp., et al., defendants, Lifeco Medical, P.C., et al., appellants. (Index No. 9496/99)

DECISION & ORDER ON MOTION

Motion by the respondents for leave to reargue an appeal from an order of the Supreme Court, Queens County, dated June 20, 2002, which was determined by decision and order of this court dated May 27, 2003, or, in the alternative, for leave to appeal to the Court of Appeals from the decision and order of this court.

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

ORDERED that the motion is denied, with $100 costs.

ALTMAN, J.P., KRAUSMAN, GOLDSTEIN, H. MILLER and CRANE, JJ., concur.

ENTER:

James Edward Pelzer

Clerk

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M3550

Y/sl

A. GAIL PRUDENTI, P.J.

MYRIAM J. ALTMAN

NANCY E. SMITH

THOMAS A. ADAMS, JJ.

2003-03863 Lucy Lerner, plaintiff-appellant, v Arlene Kahn, et al., appellants, et al., defendants. (Action No. 1) (Index No. 7523/00) Lucy Lerner, plaintiff-appellant, v Lawrence Suchoff, etc., defendant. (Action No. 2) (Index No. 2066/02)

DECISION & ORDER ON MOTION

Motion by the appellants Arlene Kahn and Eric Goldman to reargue their prior motion to stay the trial in the above-entitled actions pending the hearing and determination of an appeal from an order of the Supreme Court, Rockland County, dated April 14, 2003, which was determined by decision and order on motion of this court dated July 15, 2003, and, in effect, to recall and vacate so much of the decision and order on motion dated July 15, 2003, as dismissed their appeal and to reinstate their appeal.

Upon the papers filed in support of the motion and no papers having been filed in opposition or relation thereto, it is

ORDERED that the motion is denied.

PRUDENTI, P.J., ALTMAN, SMITH and ADAMS, JJ., concur.

ENTER:

James Edward Pelzer

Clerk

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M3552

Y/sl

A. GAIL PRUDENTI, P.J.

DAVID S. RITTER

SONDRA MILLER

ROBERT W. SCHMIDT, JJ.

2002-10533 Lori Sandstedt, appellant, v Flynn's Enterprises, Inc., et al., respondents. (Index No. 1270/01)

DECISION & ORDER ON MOTION

Motion by the appellant for leave to reargue an appeal from an order of the Supreme Court, Nassau County, dated October 21, 2002, which was determined by decision and order of this court dated May 5, 2003, or, in the alternative, for leave to appeal to the Court of Appeals from the decision and order of this court.

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

ORDERED that the motion is denied, with $100 costs.

PRUDENTI, P.J., RITTER, S. MILLER and SCHMIDT, JJ., concur.

ENTER:

James Edward Pelzer

Clerk

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M3519

Y/sl

A. GAIL PRUDENTI, P.J.

NANCY E. SMITH

WILLIAM D. FRIEDMANN

HOWARD MILLER, JJ.

2002-11263, 2003-08351, 2003-08352 Surgical Design Corporation, respondent, v Jamir Correa, et al., appellants. (Action No. 1) (Index No. 3479/99) Eliana Correa, plaintiff, v Surgical Design Corporation, et al., defendants-respondents. (Action No. 2) (Index No. 8989/99)

DECISION & ORDER ON MOTION

Motion by the appellants on appeals from an order of the Supreme Court, Queens County, dated August 26, 2002, which was determined by decision and order of this court dated October 14, 2003, and an order of the same court, dated August 14, 2003, in Action No. 1, and an order of the same court also dated August 14, 2003, in Action No. 2, inter alia, in effect, to stay enforcement of so much of the order dated August 14, 2003, in Action No.1, as appointed Israel Rubin as successor referee to supervise discovery, pending the hearing and determination of the appeals.

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

.

ORDERED that the branch of the motion which is to stay enforcement of so much of the order dated August 14, 2003, in Action No.1, as appointed Israel Rubin as successor referee, pending the hearing and determination of appeals from the orders dated August 14, 2003, is granted, and so much of the order dated August 14, 2003, in Action No.1, as appointed Israel Rubin as successor referee is stayed pending hearing and determination of the appeals from the orders dated August 14, 2003; and it is further,

ORDERED that the branch of the motion which is for a stay pending hearing and determination of the appeal from the order dated August 26, 2002, is denied as academic; and it is further,

ORDERED that the motion is otherwise denied.

PRUDENTI, P.J., SMITH, FRIEDMANN and H. MILLER, JJ., concur.

ENTER:

James Edward Pelzer

Clerk

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M3508

A/sl

SANDRA J. FEUERSTEIN, J.P.

SONDRA MILLER

LEO F. McGINITY

STEPHEN G. CRANE, JJ.

2002-08389 Susan Tallis, et al., appellants, v Fleet Bank, et al., respondents. (Index No. 5938/00)

DECISION & ORDER ON MOTION

Motion by the appellants for leave to reargue an appeal from an order of the Supreme Court, Queens County, dated July 11, 2002, which was determined by decision and order of this court dated June 16, 2003, or, in the alternative, for leave to appeal to the Court of Appeals from the decision and order of this court.

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

ORDERED that the motion is denied, with $100 costs.

FEUERSTEIN, J.P., S. MILLER, McGINITY and CRANE, JJ., concur.

ENTER:

James Edward Pelzer

Clerk

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M3506

S/sl

2003-04608 U-Stor Federal, LLC, respondent, v American Ecoboard, Inc., appellant (and a third-party action). (Index No. 24980/00)

ORDER ON APPLICATION

Application by the appellant pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect an appeal from a judgment of the Supreme Court, Suffolk County, dated March 21, 2003.

ORDERED that the application is granted and the appellant's time to perfect the appeal is enlarged until January 20, 2004, and the record or appendix on the appeal and the appellant's brief must be served and filed on or before that date.

ENTER:

James Edward Pelzer

Clerk

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M3511

A/sl

GLORIA GOLDSTEIN, J.P.

THOMAS A. ADAMS

SANDRA L. TOWNES

WILLIAM F. MASTRO, JJ.

2001-08188 Gale Ann Wallach, appellant, v Robert Wallach, respondent. (Index No. 20500/99)

DECISION & ORDER ON MOTION

Motion by the appellant pro se, in effect, to recall and vacate a decision and order on motion of this court dated August 7, 2002, which dismissed an appeal from an order of the Supreme Court, Westchester County, entered February 21, 2002, for failure to timely perfect the same, to reinstate the appeal, and to enlarge her time to perfect the appeal.

Upon the papers filed in support of the motion and no papers having been filed in opposition or relation thereto, it is

ORDERED that the motion is denied.

GOLDSTEIN, J.P., ADAMS, TOWNES and MASTRO, JJ., concur.

ENTER:

James Edward Pelzer

Clerk

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M3554

Y/sl

A. GAIL PRUDENTI, P.J.

DAVID S. RITTER

SANDRA J. FEUERSTEIN

DANIEL F. LUCIANO

THOMAS A. ADAMS, JJ.

2002-01688 In the Matter of ATM One, LLC, appellant, v Ana Landaverde, respondent. (Index No. 106/01)

DECISION & ORDER ON MOTION

Motion by the appellant for leave to appeal to the Court of Appeals pursuant to CPLR 5602(b)(2) from a decision and order of this court dated August 4, 2003, which affirmed an order and judgment (one paper) of the Appellate Term of the Supreme Court for the Ninth and Tenth Judicial Districts, dated October 26, 2001.

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

ORDERED that the motion is granted, and the following question is certified to the Court of Appeals: Was the decision and order of this court dated August 4, 2003, properly made?

Questions of law have arisen, which, in our opinion, ought to be reviewed by the Court of Appeals (see CPLR 5713).

PRUDENTI, P.J., RITTER, FEUERSTEIN, LUCIANO and ADAMS, JJ., concur.

ENTER:

James Edward Pelzer

Clerk

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M3587

K/cf

A. GAIL PRUDENTI, P.J.

DAVID S. RITTER

FRED T. SANTUCCI

MYRIAM J. ALTMAN

REINALDO E. RIVERA, JJ.

2001-01596 In the Matter of Mark L. Brecker, an attorney and counselor-at-law. Grievance Committee for the Second and Eleventh Judicial Districts, petitioner; Mark L. Brecker, respondent.

DECISION & ORDER ON MOTION

Motion by the respondent to modify an opinion and order of this court dated September 22, 2003, which suspended him from the practice of law for a period of two years commencing October 22, 2003. The respondent was admitted to the Bar at a term of the Appellate Division of the Supreme Court in the First Judicial Department on July 8, 1975.

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

ORDERED that the motion is granted solely to the extent of permitting the respondent to appear at a Social Security hearing on October 23, 2003, on behalf of his client Francis O. Odita; and it is further,

ORDERED that the motion is otherwise denied.

PRUDENTI, P.J., RITTER, SANTUCCI, ALTMAN and RIVERA, JJ., concur.

ENTER:

James Edward Pelzer

Clerk

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M3510

Y/sl

GLORIA GOLDSTEIN, J.P.

THOMAS A. ADAMS

SANDRA L. TOWNES

WILLIAM F. MASTRO, JJ.

2003-08137 In the Matter of Hendrik C. Elderenbosch, Deceased. Auklet, Inc., et al., appellants; Michelle Lippa Gartner, respondent. (Index No. 178985)

DECISION & ORDER ON MOTION

Motion by the appellants to enjoin the Public Administrator of Nassau County from selling, conveying, encumbering, assigning, transferring, or otherwise disposing of any interest in real property located at 66 Mineola Blvd., Point Lookout, New York, pending the hearing and determination of an appeal from an order of the Surrogate's Court, Nassau County, dated August 19, 2003.

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

ORDERED that the motion is denied.

GOLDSTEIN, J.P., ADAMS, TOWNES and MASTRO, JJ., concur.

ENTER:

James Edward Pelzer

Clerk

SUPREME COURT OF THE STATE OF NEW YORK

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M3538

K/cf

A. GAIL PRUDENTI, P.J.

FRED T. SANTUCCI

MYRIAM J. ALTMAN

ANITA R. FLORIO

SANDRA J. FEUERSTEIN, JJ.

2003-02015 In the Matter of Rebecca E. Feyerick, admitted as Rebecca Sue Eisen, an attorney and counselor-at-law.

DECISION & ORDER VOLUNTARY RESIGNATION

Rebecca E. Feyerick has voluntarily submitted an affidavit dated March 5, 2003, wherein she, an attorney in good standing, resigns from the New York State Bar. Ms. Feyerick was admitted to the Bar in the State of New York at a term of the Appellate Division of the Supreme Court in the Second Judicial Department on January 13, 1993, under the name Rebecca Sue Eisen. She is presently an attorney in good standing in the State of New York and there are no complaints or charges of professional misconduct pending against her. Ms. Feyerick presently resides in Florida, has never practiced law in New York State and does not intend to do so in the furture. Therefore, under these circumstances, she does not wish to pay the biennial registration fee.

Upon the papers submitted in support of the resignation, it is

ORDERED that the voluntary resignation of Rebecca E. Feyerick, an attorney in good standing, is accepted and directed to be filed; and it is further,

ORDERED that the name of Rebecca E. Feyerick is removed from the roll of attorneys and counselors-at-law in the State of New York, without prejudice to an application for reinstatement; and it is further,

ORDERED that pursuant to Judiciary Law § 90, effective immediately, Rebecca E. Feyerick, is commanded to desist and refrain from (l) practicing law in any form, either as principal or as agent, clerk, or employee of another in the State of New York, (2) appearing as an attorney or counselor-at-law before any court, Judge, Justice, board, commission, or other public authority in this State, (3) giving to another an opinion as to the law or its application or any advice in relation thereto in this State, and (4) holding herself out in any way as an attorney and counselor-at-law in the State of New York.

PRUDENTI, P.J., SANTUCCI, ALTMAN, FLORIO and FEUERSTEIN, JJ., concur.

ENTER:

James Edward Pelzer

Clerk

SUPREME COURT OF THE STATE OF NEW YORK

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M3536

K/cf

A. GAIL PRUDENTI, P.J.

FRED T. SANTUCCI

MYRIAM J. ALTMAN

ANITA R. FLORIO

SANDRA J. FEUERSTEIN, JJ.

2003-02047 In the Matter of Barry G. Goldman, an attorney and counselor-at-law.

DECISION & ORDER VOLUNTARY RESIGNATION

Barry G. Goldman voluntarily submitted an affidavit dated March 3, 2003, wherein he, an attorney in good standing, resigns from the New York State Bar. Mr. Goldman was admitted to the Bar in the State of New York at a term of the Appellate Division of the Supreme Court in the Second Judicial Department on January 18, 1989. He is presently an attorney in good standing in the State of New York and there are no complaints or charges of professional misconduct pending against him. Mr. Goldman presently resides in Pennsylvania, does not practice law in New York State and under these circumstances, does not wish to pay the biennial registration fee.

Upon the papers submitted in support of the resignation, it is

ORDERED that the voluntary resignation of Barry G. Goldman, an attorney in good standing, is accepted and directed to be filed; and it is further,

ORDERED that the name of Barry G. Goldman is removed from the roll of attorneys and counselors-at-law in the State of New York, without prejudice to an application for reinstatement; and it is further,

ORDERED that pursuant to Judiciary Law § 90, effective immediately, Barry G. Goldman, is commanded to desist and refrain from (l) practicing law in any form, either as principal or as agent, clerk, or employee of another in the State of New York, (2) appearing as an attorney or counselor-at-law before any court, Judge, Justice, board, commission, or other public authority in this State, (3) giving to another an opinion as to the law or its application or any advice in relation thereto in this State, and (4) holding himself out in any way as an attorney and counselor-at-law in the State of New York.

PRUDENTI, P.J., SANTUCCI, ALTMAN, FLORIO and FEUERSTEIN, JJ., concur.

ENTER:

James Edward Pelzer

Clerk

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M3427

M/sl

2003-02454 In the Matter of Brigitte Grisanti, appellant, v Michael Grisanti, respondent. (Docket No. V-2871-02)

SCHEDULING ORDER

Appeal by Brigitte Grisanti from an order of the Family Court, Westchester County, dated February 6, 2003. Pursuant to § 670.4(d)(3) of the rules of this court (see 22 NYCRR 670.4[d][3]), it is

ORDERED that the scheduling order of this court dated August 20, 2003, in the above-entitled proceeding is amended to provide that the time of the respondent to serve and file a brief in the above-entitled appeal is enlarged until October 31, 2003.

ENTER:

James Edward Pelzer

Clerk

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M3549

Y/sl

MYRIAM J. ALTMAN, J.P.

NANCY E. SMITH

WILLIAM D. FRIEDMANN

STEPHEN G. CRANE, JJ.

2003-05396 In the Matter of George Hom, appellant, v Jane Zullo, respondent. (Docket Nos. V-01702-02/03, V-101703-02/03)

DECISION & ORDER ON MOTION

Motion by the appellant on an appeal from an order of the Family Court, Nassau County, dated May 20, 2003, for, among other relief, leave to prosecute the appeal as a poor person, for the assignment of counsel.

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

ORDERED that the motion is denied with leave to the appellant to renew, on or before November 10, 2003, upon the submission of proper papers establishing that he is entitled to poor person relief including the appellant's affidavit setting forth the appellant's full financial situation including all assets, both real and personal, as well as any and all sources of income, and itemized expenses.

ALTMAN, J.P., SMITH, FRIEDMANN and CRANE, JJ., concur.

ENTER:

James Edward Pelzer

Clerk

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M3320

M/sl

2002-06741, 2002-07868 In the Matter of Vincent Malfetano, respondent, v Sandra Parker, appellant. (Docket Nos. O-01520-02, V-2699-02)

SCHEDULING ORDER

Appeals by Sandra Parker from two orders of the Family Court, Westchester County, dated June 24, 2002, and August 6, 2002, respectively. Pursuant to § 670.4(d)(3) of the rules of this court (see 22 NYCRR 670.4[d][3]), it is

ORDERED that the scheduling order of this court dated June 18, 2003, in the above-entitled proceeding is amended to provide that the appellant's time to perfect the appeals by causing the original papers constituting the record on the appeals to be filed in the office of the Clerk of this court (see 22 NYCRR 670.9[d][2]) and by serving and filing the brief on the appeals is enlarged until October 30, 2003.

ENTER:

James Edward Pelzer

Clerk

SUPREME COURT OF THE STATE OF NEW YORK

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M3537

K/cf

A. GAIL PRUDENTI, P.J.

FRED T. SANTUCCI

MYRIAM J. ALTMAN

ANITA R. FLORIO

SANDRA J. FEUERSTEIN, JJ.

2003-02502 In the Matter of Elisabeth Monaco, an attorney and counselor-at-law.

DECISION & ORDER VOLUNTARY RESIGNATION

Elisabeth Monaco has voluntarily submitted an affidavit dated March 21, 2003, wherein she, an attorney in good standing, resigns from the New York State Bar. Ms. Monaco was admitted to the Bar in the State of New York at a term of the Appellate Division of the Supreme Court in the Second Judicial Department on July 25, 1990. She is presently an attorney in good standing in the State of New York and there are no complaints or charges of professional misconduct pending against her. Ms. Monaco presently resides in Maryland, never practiced law in New York State and does not intend to return to New York to practice law in the future. Therefore, under these circumstances, she does not wish to pay the biennial registration fee.

Upon the papers submitted in support of the resignation, it is

ORDERED that the voluntary resignation of Elisabeth Monaco, an attorney in good standing, is accepted and directed to be filed; and it is further,

ORDERED that the name of Elisabeth Monaco, an attorney in good standing, is accepted and directed to be filed; and it is further,

ORDERED that the name of Elisabeth Monaco is removed from the roll of attorneys and counselors-at-law in the State of New York, without prejudice to an application for reinstatement; and it is further,

ORDERED that pursuant to Judiciary Law § 90, effective immediately, Elisabeth Monaco, is commanded to desist and refrain from (1) practicing law in any form, either as principal, or as agent, clerk, or employee of another in the State of New York, (2) appearing as an attorney or counselor-at-law before any court, Judge, board, commission, or other public authority in this State, (3) giving to another an opinion as to the law or its application or any advice in relation thereto in this State, and (4) holding herself out in any way as an attorney and counselor-at-law in the State of New York.

PRUDENTI, P.J., SANTUCCI, ALTMAN, FLORIO and FEUERSTEIN, JJ., concur.

ENTER:

James Edward Pelzer

Clerk

SUPREME COURT OF THE STATE OF NEW YORK

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M3539

K/cf

A. GAIL PRUDENTI, P.J.

FRED T. SANTUCCI

MYRIAM J. ALTMAN

ANITA R. FLORIO

SANDRA J. FEUERSTEIN, JJ.

2003-01553 In the Matter of Joan Slous, an attorney and counselor-at-law.

DECISION & ORDER VOLUNTARY RESIGNATION

Joan Slous has voluntarily submitted an affidavit dated February 20, 2003, wherein she, an attorney in good standing, resigns from the New York State Bar. Ms. Slous was admitted to the Bar in the State of New York at a term of the Appellate Division of the Supreme Court in the Second Judicial Department on June 26, 1974. She is presently an attorney in good standing in the State of New York and there are no complaints or charges of professional misconduct pending against her. Ms. Slous presently resides in Maryland, never practiced law in New York State and does not intend to return to New York to practice law in the future. Therefore, under these circumstances, she does not wish to pay the biennial registration fee.

Upon the papers submitted in support of the resignation, it is

ORDERED that the voluntary resignation of Joan Slous, an attorney in good standing, is accepted and directed to be filed; and it is further,

ORDERED that the name of Joan Slous is removed from the roll of attorneys and counselors-at-law in the State of New York, without prejudice to an application for reinstatement; and it is further,

ORDERED that pursuant to Judiciary Law § 90, effective immediately, Joan Slous, is commanded to desist and refrain from (l) practicing law in any form, either as principal or as agent, clerk or employee of another in the State of New York, (2) appearing as an attorney or counselor-at-law before any court, Judge, Justice, board, commission or other public authority in this

State, (3) giving to another an opinion as to the law or its application or any advice in relation thereto in this State, and (4) holding herself out in any way as an attorney and counselor-at-law in the State of New York.

PRUDENTI, P.J., SANTUCCI, ALTMAN, FLORIO and FEUERSTEIN, JJ., concur.

ENTER:

James Edward Pelzer

Clerk

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M3548

Y/sl

GLORIA GOLDSTEIN, J.P.

THOMAS A. ADAMS

SANDRA L. TOWNES

WILLIAM F. MASTRO, JJ.

1996-00830 The People, etc., respondent, v Kevin Daniels, appellant. (Ind. No. 1285/95)

DECISION & ORDER ON MOTION

Motion by the appellant to enlarge the time to perfect an appeal from a judgment of the Supreme Court, Kings County, rendered January 11, 1996.

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

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

ORDERED that the appellant's time to perfect the appeal by causing the original papers constituting the record on the appeal to be filed in the office of the Clerk of this court (see 22 NYCRR 670.9[d][2]) and by serving and filing his/her/its brief on the appeal is enlarged until December 31, 2003.

GOLDSTEIN, J.P., ADAMS, TOWNES and MASTRO, JJ., concur.

ENTER:

James Edward Pelzer

Clerk

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M3547

Y/sl

GLORIA GOLDSTEIN, J.P.

THOMAS A. ADAMS

SANDRA L. TOWNES

WILLIAM F. MASTRO, JJ.

2002-09382 The People, etc., appellant, v Anthony Thomas and Thomas Boone, respondents. (Ind. No. 951/01)

DECISION & ORDER ON MOTION

Motion by the respondents to enlarge the time to serve and file a brief on an appeal from an order of the Supreme Court, Queens County, dated October 8, 2002.

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

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

ORDERED that the respondents' time to serve and file a brief is enlarged until December 1, 2003, and the respondents' brief must be served and filed on or before that date.

GOLDSTEIN, J.P., ADAMS, TOWNES and MASTRO, JJ., concur.

ENTER:

James Edward Pelzer

Clerk