| Ditmas Park, LLC v Aizel Meadows |
| Motion No: 2013-00536 kc |
| Slip Opinion No: 2013 NY Slip Op 81413(U) |
| Decided on July 31, 2013 |
| Appellate Term, 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. |
of the State of New York for the 2nd, 11th & 13th judicial Districts
MICHAEL L. PESCE, P.J.
THOMAS P. ALIOTTA
MARTIN M. SOLOMON, JJ.
DECISION & ORDER ON MOTION
| Ditmas Park, LLC, Respondent, v Aizel Meadows, Appellant. |
Motion by respondent to dismiss as moot an appeal from an order of the Civil Court of the City of New York, Kings County, entered March 14, 2013, and to vacate a stay granted by decision and order on motion of this court dated April 15, 2013, or, in the alternative, for an enlargement of time to serve and file a respondent's brief and to enlarge the record on appeal.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the branches of respondent's motion seeking to dismiss the appeal as moot and to vacate the stay are denied; and it is further,
ORDERED that the branch of the motion seeking to enlarge the record on appeal is denied as unnecessary, as the material sought to be added is subject to judicial notice; and it is further,
ORDERED that the branch of the motion seeking an enlargement of time to serve and file a respondent's brief is granted and respondent shall serve and file said brief within 21 days of this decision and order; and it is further,
ORDERED that appellant, if he be so advised, may serve and file a reply brief within 14 days of the date that the respondent's brief is due to be filed pursuant to this decision and order.
ENTER:
Paul Kenny
Chief Clerk