Appellate Division: Second Judicial Department

M166159

E/sl

WILLIAM F. MASTRO, J.P.

SHERI S. ROMAN

JEFFREY A. COHEN

SYLVIA O. HINDS-RADIX, JJ.

2013-03066 Mortgage Electronic Registration Systems, Inc., respondent, v Helen Hamilton, defendant-appellant, et al., defendants; Sheikh Bey, nonparty-appellant. (Index No. 9310/03)

DECISION & ORDER ON MOTION

Motion by the defendant-appellant and the nonparty-appellant to stay all proceedings in the above-entitled action, pending hearing and determination of an appeal from a judgment of the Supreme Court, Kings County, dated May 8, 2008, and to enlarge the time to perfect the appeal. Application by the respondent to dismiss the appeal as untimely taken.

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 on the Court's own motion, the appeal insofar as taken by the nonparty-appellant is dismissed, without costs or disbursements, on the ground that the nonparty-appellant is not aggrieved (see CPLR 5511); and it is further,

ORDERED that the branch of the motion which is to enlarge the defendant-appellant's time to perfect the appeal is granted, the defendant-appellant's time to perfect the appeal is enlarged until January 3, 2014, and the record or appendix on the appeal and the defendant-appellant'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 application is denied without prejudice to making a motion for

that relief.

MASTRO, J.P., ROMAN, COHEN and HINDS-RADIX, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court