Appellate Division: Second Judicial Department

M144482

E/sl

REINALDO E. RIVERA, J.P.

RUTH C. BALKIN

JOHN M. LEVENTHAL

CHERYL E. CHAMBERS, JJ.

2012-03025, 2012-09006 Stefanie Timm, plaintiff-respondent, v Cosmo Barilli, et al., appellants, Lin Vlacic, et al., defendants-respondents. (Index No. 14795/08)

DECISION & ORDER ON MOTION

Motion by the plaintiff-respondent, inter alia, to dismiss an appeal from an order of the Supreme Court, Queens County, dated February 14, 2012, on the ground that the order dated February 14, 2012, was superseded by an order of the same court dated July 31, 2012, or, in the alternative, to enlarge the record to include the order dated July 31, 2012, and to enlarge the time to serve and file a brief. Cross motion by the appellant All Boro Rehab Construction, inter alia, for leave to appeal to this Court from the order dated July 31, 2012. Separate motion by the appellant Cosmo Barilli, inter alia, in effect, for leave to appeal to this Court from the order dated July 31, 2012.

Upon the papers filed in support of the motions and the cross motion, and the papers filed in opposition and`relation thereto, it is

ORDERED that the branch of the plaintiff-respondent's motion which is to dismiss the appeal from the order dated February 14, 2012, is 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 the branch of the cross motion and the branch of the motion by the appellant Cosmo Barilli, in effect, which are for leave to appeal to this Court from the order dated July 31, 2012, are granted, the appeals are consolidated, and on or before November 5, 2012, the appellants shall file a supplemental joint record containing the order dated July 31, 2012, and replacement briefs, if they be so advised, or inform the Court that no replacement briefs will be filed; and it is further,

ORDERED that the branch of the plaintiff-respondent's motion which is to enlarge the plaintiff-respondent's time to serve and file a brief is granted, the plaintiff-respondent's time to serve and file a brief is enlarged until December 5, 2012, and the plaintiff-respondent's brief must be served and filed on or before that date; and it is further,

ORDERED that the motions and the cross motion is otherwise denied.

RIVERA, J.P., BALKIN, LEVENTHAL and CHAMBERS, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court