Appellate Division: Second Judicial Department

M43453

C/sl

DAVID S. RITTER, J.P.

DANIEL F. LUCIANO

STEVEN W. FISHER

ROBERT A. LIFSON, JJ.

2005-06675 83-17 Broadway Corp., respondent-appellant, v Debcon Financial Services, Inc., et al., defendants, Brett Morgan, LLC, appellant-respondent. (Index No. 2876/05)

DECISION & ORDER ON MOTION

Motion by the appellant-respondent to dismiss the appeal taken by the plaintiff from an order of the Supreme Court, Queens County, dated May 5, 2005, on the ground that the plaintiff failed to comply with a decision and order on motion of this court dated April 4, 2006. Cross application by the plaintiff, in effect, to enlarge the time to serve and file an answering brief, including the points of argument on his appeal.

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

ORDERED that the motion is granted, and the appeal taken by the plaintiff from the order of the Supreme Court, Queens County, dated May 5, 2005, is dismissed, without costs or disbursements; and it is further,

ORDERED that the branch of the cross application which is to enlarge the time to serve and file a respondent's brief is granted; the plaintiff's time to file a respondent's brief is enlarged until September 20, 2006, and the plaintiff's brief as a respondent shall be served and filed on or before that date; and it is further,

ORDERED that the branch of the cross application which is to enlarge the time to file a brief relating to the plaintiff's appeal is denied as academic.

RITTER, J.P., LUCIANO, FISHER and LIFSON, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court