Appellate Division: Second Judicial Department

M121026

E/sl

MARK C. DILLON, J.P.

JOHN M. LEVENTHAL

L. PRISCILLA HALL

PLUMMER E. LOTT, JJ.

2010-02196 In the Matter of General Motors Corporation, respondent-appellant, v Village of Sleepy Hollow, et al., appellants-respondents. (Index No. 07-23984)

DECISION & ORDER ON MOTION

Motion by the respondent-appellant on an appeal and cross appeal from an order of the Supreme Court, Westchester County, entered January 8, 2010, to dismiss the appeal on the ground that it has been rendered academic, or to direct the appellants-respondents to file a supplemental appendix and to enlarge the time to serve and file a brief. Application by the respondent-appellant 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 motion and the application, the papers filed in opposition to the motion, and no papers having been filed in opposition or in relation to the application, it is

ORDERED that the branch of the motion which is to dismiss the appeal is held in abeyance and referred to the panel of Justices hearing the appeal and cross appeal for determination upon the argument or submission thereof; and it is further,

ORDERED that the branch of the motion which is to direct the appellants-respondents to file a supplemental appendix is denied without prejudice to the respondent-appellant filing its own appendix (see CPLR 5528[b]); and it is further,

ORDERED that the branch of the motion which is to enlarge the time of the respondent-appellant to serve and file a brief and the application for the same relief are granted, and the respondent-appellant shall serve and file its answering brief, including its points of argument on the cross appeal, on or before July 5, 2011 (see 22 NYCRR 670.8[c][3]).

DILLON, J.P., LEVENTHAL, HALL and LOTT, JJ., concur.

ENTER:

Matthew G. Kiernan

Clerk of the Court