Appellate Division: Second Judicial Department

M61602

E/sl

STEPHEN G. CRANE, J.P.

GLORIA GOLDSTEIN

ANITA R. FLORIO

MARK C. DILLON, JJ.

2007-02377, 2007-03126 Henri Winter, respondent, v Laurence M. Brown, et al., appellants. (Index No. 06-23154)

DECISION & ORDER ON MOTION

Motion by the respondent to dismiss appeals from two orders of the Supreme Court, Westchester County, both entered January 31, 2007, on the ground that they have been rendered academic or, in effect, for leave to withdraw the motion which resulted in the order entered January 31, 2007, that granted the branch of the respondent's motion which was for a temporary restraining order against the appellants, 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 dismiss the appeal or, in effect, for leave to withdraw the respondent's motion which resulted in the order entered January 31, 2007, that granted the branch of the respondent's motion which was for a temporary restraining order against the appellants, 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 respondent's time to serve and file a brief is enlarged until November 29, 2007, and the respondent's brief must be served and filed on or before that date.

CRANE, J.P., GOLDSTEIN, FLORIO and DILLON, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court