| RM 18 Corp. v Bank of New York Mellon Trust Company |
| Motion No: 2012-06708 |
| Slip Opinion No: 2012 NY Slip Op 88225(U) |
| Decided on October 22, 2012 |
| Appellate Division, Second Department, Motion Decision |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| This motion is uncorrected and is not subject to publication in the Official Reports. |
Appellate Division: Second Judicial Department
M145301
E/sl
REINALDO E. RIVERA, J.P.
CHERYL E. CHAMBERS
L. PRISCILLA HALL
PLUMMER E. LOTT, JJ.
|
2012-06708 RM 18 Corp., et al., appellants, v Bank of New York Mellon Trust Company, N.A., et al., respondents. (Index No. 16992/10)
| DECISION & ORDER ON MOTION |
Motion by the respondent Bank of New York Mellon Trust Company, N.A., joined by the remaining respondents, inter alia, to dismiss an appeal from an order of the Supreme Court, Nassau County, dated May 12, 2012, on the ground that it has been rendered academic. Separate applications by the respondents pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to serve and file their respective briefs.
Upon the papers filed in support of the motion and the applications, and the papers filed in opposition thereto, 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 for determination upon the argument or submission thereof; and it is further,
ORDERED that the motion is otherwise denied; and it is further,
ORDERED that the applications are granted and the respondents' time to serve and file their respective briefs is enlarged until November 19, 2012, and the respondents' briefs must be served and filed on or before that date.
RIVERA, J.P., CHAMBERS, HALL and LOTT, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court