Appellate Division: Second Judicial Department

M160910

E/sl

PETER B. SKELOS, J.P.

THOMAS A. DICKERSON

JOHN M. LEVENTHAL

SYLVIA O. HINDS-RADIX, JJ.

2012-10299 Andrea Mannino, et al., appellants, v Wells Fargo Home Mortgage, Inc., et al., respondents (and a third-party action). (Index No. 13233/11)

DECISION & ORDER ON MOTION

Motion by the respondent Wells Fargo Home Mortgage, Inc., to dismiss an appeal from an order of the Supreme Court, Kings County, dated July 5, 2012, on the ground that it has been rendered academic or, in the alternative, to enlarge the time to serve and file a brief. Application by the respondent Wells Fargo Home Mortgage, Inc., pursuant to 22 NYCRR 670.8(d)(2) 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 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 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 and the application for that relief are granted, the time of the respondent Wells Fargo Home Mortgage, Inc., to serve and file a brief is enlarged until September 18, 2013, and the brief of the respondent Wells Fargo Home Mortgage, Inc., must be served and filed on or before that date.

SKELOS, J.P., DICKERSON, LEVENTHAL and HINDS-RADIX, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court