Appellate Division: Second Judicial Department

M161809

E/sl

PETER B. SKELOS, J.P.

RUTH C. BALKIN

JOHN M. LEVENTHAL

L. PRISCILLA HALL, JJ.

2012-05294 Jian Han Guan, et al., appellants, v Leon R. Wilson, et al., respondents. (Index No. 103150/08)

DECISION & ORDER ON MOTION

Motion by the respondents City of New York and Police Department of New York City to dismiss an appeal from an order of the Supreme Court, Richmond County, dated October 6, 2011, on the ground that no appeal lies as of right from an order that does not decide a motion made on notice and leave to appeal has not been granted. Cross motion by the appellants, inter alia, for leave to file a supplemental appendix and for leave to appeal to this Court from the order dated October 6, 2011.

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 motion to dismiss the appeal and the branch of the cross motion which is for leave to appeal 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 cross motion which is for leave to file a supplemental appendix is granted and on or before September 23, 2013, the appellants may file a supplemental appendix in the form annexed to the motion papers as Exhibit A; and it is further,

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

ORDERED that on the Court's own motion, the respondents' time to serve and file their briefs is enlarged until October 9, 2013, and the respondents' briefs must be served and filed on or before that date.

SKELOS, J.P., BALKIN, LEVENTHAL and HALL, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court