Appellate Division: Second Judicial Department

M108159

E/sl

MARK C. DILLON, J.P.

ANITA R. FLORIO

JOHN M. LEVENTHAL

CHERYL E. CHAMBERS, JJ.

2009-05333, 2009-07862 Sidney Waldon Witter, respondent, v Mourad Daire, appellant. (Index No. 08-6004)

DECISION & ORDER ON MOTION

Motion by the respondent, inter alia, to dismiss appeals from two orders of the Supreme Court, Westchester County, dated April 23, 2009, and August 5, 2009, respectively, in effect, on the ground that they have been rendered academic by a decision of the same court, after trial, dated June 23, 2010, or to enlarge the time to serve and file a brief and for leave to reference the decision dated June 23, 2010, in her respondent's brief. Application by the appellant for an award of costs and to impose a sanction upon the respondent.

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

ORDERED that the branch of the motion which is to dismiss the appeals 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 respondent's time to serve and file a brief is granted, the respondent's time to serve and file a brief is enlarged until October 12, 2010, and the respondent's brief must be served and filed on or before that date; and it is further,

ORDERED that the branch of the motion which is for leave to reference the decision dated June 23, 2010, in the respondent's brief is denied; and it is further,

ORDERED that the motion is otherwise denied; and it is further,

ORDERED that the application is denied.

DILLON, J.P., FLORIO, LEVENTHAL and CHAMBERS, JJ., concur.

ENTER:

Matthew G. Kiernan

Clerk of the Court