Appellate Division: Second Judicial Department

M50844

E/nl

HOWARD MILLER, J.P.

ROBERT W. SCHMIDT

DAVID S. RITTER

DANIEL D. ANGIOLILLO, JJ.

2006-03156 In the Matter of Mimi Neuhaus, et al., petitioners-respondents, v Staten Island Board of Realtors, Inc., appellant, et al., respondent (and another title). (Index No. 8365/04)

DECISION & ORDER ON MOTION

Motion by the petitioners-respondents, inter alia, to dismiss an appeal from an order of the Supreme Court, Richmond County, dated February 1, 2006, on the ground that the appellant is not aggrieved by the order, or, in the alternative, 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 thereto, it is

ORDERED that the branch of the motion which is to enlarge the time to serve and file a brief is granted, the time of the petitioners-respondents to serve and file a brief is enlarged until March 19, 2007, and the brief must be served and filed on or before that date; and it is further,

ORDERED that the branch of the motion which is to dismiss the appeal on the ground that the appellant is not aggrieved by the order dated February 1, 2006, is denied without prejudice to raising the issue in the petitioners-respondents' brief; and it is further,

ORDERED that the motion is otherwise denied.

MILLER, J.P., SCHMIDT, RITTER and ANGIOLILLO, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court