Appellate Division: Second Judicial Department

M166709

E/sl

WILLIAM F. MASTRO, J.P.

PLUMMER E. LOTT

SANDRA L. SGROI

ROBERT J. MILLER, JJ.

2013-00823 Jennifer Hoffman, respondent, v Verizon Wireless, Inc., et al., defendants, Zoom Wireless, Inc., appellant. (Index No. 36361/08)

DECISION & ORDER ON MOTION

Motion by the respondent to dismiss an appeal from an order of the Supreme Court, Suffolk County, dated November 7, 2012, on the grounds that the record on appeal is inadequate, the appeal is not ripe for review, and, in effect, the appeal has been rendered academic, or, in the alternative, 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, it is

ORDERED that the branch of the motion which is to dismiss the appeal on the ground, in effect, that the appeal has been rendered academic 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 respondent's time to serve and file a brief is granted, the respondent's time to serve and file a brief is enlarged until January 21, 2014, and the respondent's brief must be served and filed on or before that date; and it is further,

ORDERED that the motion is otherwise denied.

MASTRO, J.P., LOTT, SGROI and MILLER, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court