Appellate Division: Second Judicial Department

M143366

E/sl

MARK C. DILLON, J.P.

THOMAS A. DICKERSON

LEONARD B. AUSTIN

ROBERT J. MILLER, JJ.

2012-01171 Muriel Grossman, etc., et al., appellants-respondents, v WL Napeague Property Corp., respondent-appellant, S.T.R., LLC, respondent, et al., defendants. (Index No. 17276-04)

DECISION & ORDER ON MOTION

Separate motions by the respondent-appellant and the respondent to dismiss an appeal from an order of the Supreme Court, Suffolk County, dated December 14, 2011, on the ground that the appellants-respondents waived their right to pursue the appeal. Application by the respondent 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 and the papers filed in opposition thereto, and upon the papers filed in support of the application and no papers having been filed in opposition or in relation thereto, it is

ORDERED that the motions are 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 on the Court's own motion, the respondent-appellant's time to serve and file its answering brief, including its points of argument on the cross appeal (see 22 NYCRR 670.8[c][3]), is enlarged until October 12, 2012, and the respondent-appellant shall serve and file its brief on or before that date; and it is further,

ORDERED that the application is denied as premature.

DILLON, J.P., DICKERSON, AUSTIN and MILLER, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court