Appellate Division: Second Judicial Department

M149799

E/nl

REINALDO E. RIVERA, J.P.

THOMAS A. DICKERSON

L. PRISCILLA HALL

SHERI S. ROMAN, JJ.

2012-07131 DECISION & ORDER ON MOTION James Damascus, et al., appellants-respondents, v John Damascus, et al., respondents-appellants. (Index No. 5046/09)

Motion by the respondents-appellants to stay the trial in the above-entitled action pending hearing and determination of an appeal and cross appeal from an order of the Supreme Court, Westchester County, dated March 27, 2012, and, in effect, to enlarge the time to serve and file an answering brief, including the points of argument on the cross appeal. Cross motion by the appellants-respondents to enlarge the time to perfect their appeal.

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 cross motion and no papers having been filed in opposition or in relation thereto, it is

ORDERED that the branch of the motion which is to stay the trial is denied; and it is further,

ORDERED that the cross motion to enlarge the time to perfect the appeal and the branch of the motion which is, in effect, to enlarge the time to serve and file an answering brief are granted; and it is further,

ORDERED that the appellants-respondents' time to perfect the appeal is enlarged until February 18, 2013, and the joint record or appendix on the appeal (see 22 NYCRR 670.8[c][1]) and the appellants-respondents' brief must be served and filed on or before that date; and it is further,

ORDERED that the respondents-appellants shall serve and file the answering brief, including the points of argument on the cross appeal, in accordance with the rules of this Court (see 22 NYCRR 670.8[c][3]).

RIVERA, J.P., DICKERSON, HALL and ROMAN, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court