| Esformes v Brinn |
| Motion No: 2006-11560 |
| Slip Opinion No: 2007 NYSlipOp 74804(U) |
| Decided on August 2, 2007 |
| 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
M57867
E/sl
REINALDO E. RIVERA, J.P.
ROBERT A. SPOLZINO
JOSEPH COVELLO
WILLIAM E. McCARTHY, JJ.
|
2006-11560, 2007-06749 Morris Esformes, et al., appellants, v Fred Brinn, et al., respondents.
(Index No. 06-5456)
| DECISION & ORDER ON MOTION |
Motion by the respondents on an appeal from an order of the Supreme Court, Rockland County, dated November 22, 2006 (Appellate Division Docket No. 2006-11560), to dismiss the appeal on the ground that it has been rendered academic by an order of the same court dated June 20, 2007 (Appellate Division Docket No. 2007-06749), or, in the alternative, to enlarge the time to serve and file a brief. Cross motion by the appellants to consolidate the appeal from the order dated November 22, 2006, with their appeal from the order dated June 20, 2007.
Upon the papers filed in support of the motion and the cross motion, and the papers filed in opposition thereto, it is
ORDERED that the branch of the motion which is to dismiss the appeal from the order dated November 22, 2006, on the ground that it has been rendered academic 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 time to serve and file a brief is granted, the respondents' time to serve and file a brief is enlarged until September 4, 2007, and the respondents' brief must be served and filed on or before that date; and it is further,
ORDERED that the cross motion is granted to the extent that the appeals will be calendared together and will be argued or submitted on the same day, and the cross motion is otherwise denied; and it is further,
ORDERED that the appellants shall perfect the appeal from the order dated June 20, 2007, on or before September 10, 2007, and the record or appendix on the appeal and the appellants' brief must be served and filed on or before that date.
RIVERA, J.P., SPOLZINO, COVELLO and McCARTHY, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court