Appellate Division: Second Judicial Department

M158848

E/sl

WILLIAM F. MASTRO, J.P.

LEONARD B. AUSTIN

SHERI S. ROMAN

ROBERT J. MILLER, JJ.

2012-09692 Edgar S. (Anonymous), by the guardian of his person Lita S. (Anonymous), appellant, Maria S. (Anonymous), plaintiff-respondent, v Rolando Roman, etc., et al., defendants; Bernard McGovern, nonparty-respondent. (Index No. 7354/03)

DECISION & ORDER ON MOTION

Motion by the plaintiff-respondent, inter alia, to dismiss an appeal from an order of the Supreme Court, Queens County, entered October 26, 2012, or, in the alternative to enlarge the time to serve and file a brief. Cross motion by the appellant to disqualify the attorney for the plaintiff-respondent.

Upon the papers filed in support of the motion and the cross motion, and the papers filed in opposition thereto, it is

ORDERED that the branches of the motion which are to dismiss the appeal on the grounds that the appellant is not aggrieved by the order appealed from and that the appellant lacks standing are 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 plaintiff-respondent's time to serve and file a brief is enlarged until September 20, 2013, and that respondent's brief must be served and filed on or before that date; and it is further,

ORDERED that the motion is otherwise denied; and it is further,

ORDERED that the cross motion is denied.

MASTRO, J.P., AUSTIN, ROMAN and MILLER, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court