Appellate Division: Second Judicial Department

M167420

E/ct

PETER B. SKELOS, J.P.

RUTH C. BALKIN

JOHN M. LEVENTHAL

SANDRA L. SGROI, JJ.

2013-09471 In the Matter of Bill De Blasio, et al., petitioners- respondents-appellants, Boerum Hill Association, et al., petitioners-respondents, v State University of New York, et al., appellants-respondents. (Index No. 13007/13)

DECISION & ORDER ON MOTION

Motion by the appellants-respondents State University of New York and Trustees of State University of New York to dismiss a cross appeal to this Court from an order of the Supreme Court, Kings County, dated October 11, 2013, on the ground that no appeal lies as of right from an order in a proceeding pursuant to CPLR article 78. Application by Bill De Blasio and Kate Mackenzie to deem their notice of cross appeal from the order to be an application for leave to cross appeal.

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

ORDERED that the application is granted, the notice of cross appeal is deemed to be an application for leave to cross appeal, and leave to cross appeal is granted; and it is further,

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

ORDERED that time of the petitioners-respondents-appellants and the petitioners-respondents to serve and file a brief is enlarged until January 13, 2014, and the brief of the petitioners-respondents-appellants and the petitioners-respondents, including the points of argument on the cross appeal (see 22 NYCRR 670.8[c][3]), must be served and filed on or before that date.

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

ENTER:

Aprilanne Agostino

Clerk of the Court