Reynolds v Haiduk
Motion No: 2013-00108
Slip Opinion No: 2013 NY Slip Op 77362(U)
Decided on June 20, 2013
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.


Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M157969

E/sl

DANIEL D. ANGIOLILLO, J.P.

CHERYL E. CHAMBERS

SANDRA L. SGROI

JEFFREY A. COHEN, JJ.

2013-00108

Anne Reynolds, et al., appellants,

v Walter Haiduk, et al., respondents.

(Index No. 05-20497)

DECISION & ORDER ON MOTION

Motion by the respondents to dismiss an appeal from an order of the Supreme Court, Westchester County, entered September 27, 2012, on the grounds that the appellant is not aggrieved or that the appeal has been rendered academic or, in the alternative, 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, 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 branch of the motion which is to enlarge the time to serve and file a brief is granted, the respondent's time to serve and file a brief is enlarged until July 15, 2013, and the respondent's brief must be served and filed on or before that date.

ANGIOLILLO, J.P., CHAMBERS, SGROI and COHEN, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court