Appellate Division: Second Judicial Department

M168693

E/ct

RANDALL T. ENG, P.J.

REINALDO E. RIVERA

JOHN M. LEVENTHAL

SYLVIA O. HINDS-RADIX, JJ.

2013-02596 Catherine Riedel, etc., appellant, v Deepak A. Kapoor, etc., et al., respondents, et al., defendant. (Index No. 17370/97)

DECISION & ORDER ON MOTION

Separate motions by the respondent Deepak A. Kapoor and the respondent Robert Fuentes to dismiss an appeal from an order of the Supreme Court, Nassau County, entered January 24, 2013, on the ground that the notice of appeal is a nullity and the Court lacks jurisdiction to hear the appeal, or in the alternative, to strike the appellant's appendix and brief on the ground that they contain or refer to matter dehors the record, or to enlarge the time to serve and file a brief.

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

ORDERED that the branches of the motions which are to dismiss the appeal are denied; and it is further,

ORDERED that the branches of the motions which are to strike the appellant's appendix and brief 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 branches of the motions which are to enlarge the respondents' time to serve and file their respective briefs are granted, the respondents' time to serve and file their respective briefs is enlarged until February 26, 2014, and the respondents' brief must be served and filed on or before that date.

ENG, P.J., RIVERA, LEVENTHAL and HINDS-RADIX, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court