Appellate Division: Second Judicial Department

M155211

E/ct

DANIEL D. ANGIOLILLO, J.P.

L. PRISCILLA HALL

SHERI S. ROMAN

SYLVIA HINDS-RADIX, JJ.

2012-10266 Victor Jordan, etc., appellant, v Metropolitan Jewish Hospice, et al., respondents. (Index No. 27436/10)

DECISION & ORDER ON MOTION

Motion by the respondents Metropolitan Jewish Hospice and Ruby Jack to dismiss an appeal from an order of the Supreme Court, Kings County, dated July 13, 2012, on the ground that the appellant is not aggrieved. Separate motion by the respondents Roslyn Blackman, Helen Browne, and Olive T. Jordan to dismiss the appeal on the ground that the appellant is not aggrieved or, in the alternative, to enlarge the time to serve and file a brief. Cross motion by the appellant to impose a sanction upon counsel for the respondents Metropolitan Jewish Hospice and Ruby Jack and counsel for the respondents Roslyn Blackman, Helen Browne, and Olive T. Jordan. Application by the appellant pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect the appeal.

Upon the papers filed in support of the motions and the cross 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 motion by the respondents Metropolitan Jewish Hospice and Ruby Jack to dismiss the appeal, the branch of the motion by the respondents Roslyn Blackman, Helen Browne, and Olive T. Jordan for the same relief, and the cross motion are denied; and it is further,

ORDERED that the application is granted, the appellant's time to perfect the appeal is enlarged, and the appellant's appendix and the appellant's brief submitted to the Clerk of the Court are accepted for filing and deemed timely served; and it is further,

ORDERED that the branch of the motion by the respondents Roslyn Blackman, Helen Browne, and Olive T. Jordan to enlarge the time to serve and file a brief is granted, and, the time of the respondents Roslyn Blackman, Helen Browne, and Olive T. Jordan to serve and file a brief is enlarged until May 24, 2013, and the briefs of Roslyn Blackman, Helen Browne, and Olive T. Jordan, if any, must be served and filed on or before that date; and it is further,

ORDERED that on the Court's own motion the time of the respondents Metropolitan Jewish Hospice and Ruby Jack to serve and file a brief is enlarged until May 24, 2013,and the brief of the respondents Metropolitan Jewish Hospice and Ruby Jack shall be served and filed on or before that date.

ANGIOLILLO, J.P., HALL, ROMAN and HINDS-RADIX, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court