Appellate Division: Second Judicial Department

M147696

E/sl

MARK C. DILLON, J.P.

RUTH C. BALKIN

CHERYL E. CHAMBERS

ROBERT J. MILLER, JJ.

2012-00837 Aniqa Halal Live Poultry Corp., appellant, v Montague-Lee Limited Partnership, respondent. (Index No. 22339/11)

DECISION & ORDER ON MOTION

Motion by the respondent to dismiss an appeal from an order of the Supreme Court, Queens County, dated December 21, 2011, on the ground that it has been rendered academic, or, in the alternative, for the Court to take judicial notice of certain orders of the United States Bankruptcy Court, Eastern District of New York, and Civil Court of the City of New York, Queens County, Housing Part, and to enlarge the time to serve and file a brief. 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 motion 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 branches of the motion which are to dismiss the appeal and for the Court to take judicial notice of certain court orders 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 the branch of the motion which is to enlarge the time to serve and file a brief and the application for that relief are granted, the respondent's time to serve and file a brief is enlarged until January 7, 2013, and the respondent's brief must be served and filed on or before that date.

DILLON, J.P., BALKIN, CHAMBERS and MILLER, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court