Appellate Division: Second Judicial Department

M118774

E/sl

MARK C. DILLON, J.P.

RANDALL T. ENG

CHERYL E. CHAMBERS

PLUMMER E. LOTT, JJ.

2011-01374 Veronica Lewis, et al., respondents, v Anthony F. John, et al., appellants, et al., defendant. (Index No. 130/09)

DECISION & ORDER ON MOTION

Motion by the respondents to dismiss an appeal from an order of the Supreme Court, Kings County, dated January 13, 2011, on the ground that the appellants are not aggrieved by the order dated January 13, 2011. Cross motion by the appellants to stay the trial in the above-entitled action pending hearing and determination of the appeal. Separate motion by the appellants to stay the trial in the above-entitled action pending hearing and determination of the appeal. Application by the respondents pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to serve and file a brief.

Upon the papers filed in support of the motions, cross motion, and application, upon the papers filed in opposition to the respondents' motion, and no papers having been filed in opposition or in relation to the cross motion, the appellants' motion, and the application, it is

ORDERED that the motions and cross motion are denied; and it is further,

ORDERED that the application is granted, the respondents' time to serve and file a brief is enlarged until May 18, 2011, and the respondents' brief must be served and filed on or before that date.

DILLON, J.P., ENG, CHAMBERS and LOTT, JJ., concur.

ENTER:

Matthew G. Kiernan

Clerk of the Court