Appellate Division: Second Judicial Department

M109950

E/sl

MARK C. DILLON, J.P.

DANIEL D. ANGIOLILLO

L. PRISCILLA HALL

SHERI S. ROMAN, JJ.

2010-04402 Ari Yemini, etc., et al., respondents, v Oded Goldberg, et al., appellants, et al., defendant. (Index No. 12402/05)

DECISION & ORDER ON MOTION

Motion by the respondents, inter alia, to dismiss an appeal from an order of the Supreme Court, Nassau County, dated March 9, 2010, on the ground that it has been rendered academic and because the appeal improperly seeks an advisory opinion or, in the alternative, to hear the appeal as an exception to the mootness doctrine on the ground that it is likely to be repeated and avoid appellate review and the issue is novel and significant, to enlarge the time to serve and file a brief, and to enlarge the record to include an affidavit of Oded Goldberg dated February 8, 2008.

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 the alternative, to hear the appeal as an exception to the mootness doctrine 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 November 24, 2010, and the respondents' 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 enlarge the record is granted, and on or before November 24, 2010, the respondents shall serve and file a supplemental record containing the affidavit of Oded Goldberg dated February 8, 2008, with exhibits D through G annexed thereto; and it is further,

ORDERED that the motion is otherwise denied.

DILLON, J.P., ANGIOLILLO, HALL and ROMAN, JJ., concur.

ENTER:

Matthew G. Kiernan

Clerk of the Court