Appellate Division: Second Judicial Department

M159756

E/nl

REINALDO E. RIVERA, J.P.

CHERYL E. CHAMBERS

LEONARD B. AUSTIN

SANDRA L. SGROI, JJ.

2012-06836 Fairmont Capital, LLC, respondent, v Salomao Laniado, appellant, et al., defendants. (Index No. 12386/09)

DECISION & ORDER ON MOTION

Motion by the respondent to dismiss an appeal from a decision of the Supreme Court, Kings County, dated March 29, 2012, on the ground that no appeal lies from a decision or on the ground that the decision was superseded by an order of the same court dated June 13, 2012, or, in the alternative, to enlarge the time to serve and file a brief.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 on the Court's own motion, the notice of appeal from the decision is deemed to be a notice of appeal from the order (see CPLR 5512[a]), and on or before August 7, 2013, the appellant shall serve and file a supplemental record containing the order dated June 13, 2012; and it is further,

ORDERED that the branch of the motion which is to dismiss the appeal is denied; 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 and the respondent's time to serve and file a brief is enlarged until September 9, 2013, and the respondent's brief must be served and filed on or before that date.

RIVERA, J.P., CHAMBERS, AUSTIN and SGROI, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court