Appellate Division: Second Judicial Department

M131290

E/ct

MARK C. DILLON, J.P.

PLUMMER E. LOTT

SHERI S. ROMAN

JEFFREY A. COHEN, JJ.

2011-02182, 2011-02183 Edith Stein, etc., respondents-appellants, v Warren McDowell, appellant-respondent, et al., defendants. (Index No. 5336/01)

DECISION & ORDER ON MOTION

Motion by the respondents-appellants to dismiss appeals from a resettled judgment of the Supreme Court, Suffolk County, entered January 14, 2011, and an order of the same court dated December 21, 2010, on the ground, inter alia, that the appellant-respondent raises issues not properly before the Court, or to enlarge the time to serve and file an answering brief, including the points of argument on the cross appeals. Application by the respondents-appellants pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to serve and file the answering brief, including the points of argument on the cross appeals.

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

ORDERED that the branch of the motion which is to dismiss the appeals on the ground that the appellant-respondent raises issues not properly before the Court is denied without prejudice to addressing this claim in the respondents-appellants' answering brief; and it is further,

ORDERED that the branch of the motion which is to enlarge the time to serve and file the answering brief and the application for the same relief are granted, the respondents-appellants' time to serve and file their answering brief, including the points of argument on the cross appeals (see 22 NYCRR 670.8[c][3]), is enlarged until February 24, 2012, and the answering brief must be served and filed on or before that date; and it is further,

ORDERED that the motion is otherwise denied.

DILLON, J.P., LOTT, ROMAN and COHEN, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court