Appellate Division: Second Judicial Department

M138914

E/sl

DANIEL D. ANGIOLILLO, J.P.

ARIEL E. BELEN

CHERYL E. CHAMBERS

SHERI S. ROMAN, JJ.

2011-09087, 2011-09088 Biaggi & Biaggi, Esqs., appellant, v 175 Medical Vision Properties, LLC, et al., respondents. (Index No. 08-25578)

DECISION & ORDER ON MOTION

Motion by the respondents to dismiss appeals from two orders of the Supreme Court, Westchester County, entered May 27, 2011, and July 20, 2011, respectively, on the ground, inter alia, that the appeals have been rendered academic, in effect, to direct the appellant to serve and file a supplemental record containing certain material, to strike certain material from the record on appeal and the appellant's brief, and to enlarge the time to serve and file a brief.

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 appeals on the ground that the appeals have been rendered academic is held in abeyance and referred to the panel of Justices hearing the appeals 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 respondents' brief is granted, the respondents' time to serve and file a brief is enlarged until July 9, 2012, and the respondents' brief must be served and filed on or before that date; and it is further,

ORDERED that the motion is otherwise denied.

ANGIOLILLO, J.P., BELEN, CHAMBERS and ROMAN, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court