Appellate Division: Second Judicial Department

M168556

S/sl

PETER B. SKELOS, J.P.

RUTH C. BALKIN

JOHN M. LEVENTHAL

L. PRISCILLA HALL, JJ.

2013-05651 Felix Robles, et al., respondents, v Brooklyn-Queens Nursing Home, Inc., et al., appellants, et al., defendant. (Index No. 23253/11)

DECISION & ORDER ON MOTION

Motion by the respondents to dismiss appeals from an order of the Supreme Court, Kings County, dated March 13, 2013, on the ground that the appeals were not timely taken. By decision and order on motion of this Court dated August 28, 2013, the matter was remitted to the Supreme Court, Kings County, to hear and report on the issue of if, or when, the order with notice of entry was served upon the attorneys for the appellants, and the motion was held in abeyance in the interim. Application by the respondents to withdraw the motion to dismiss the appeals. Application pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect the appeals.

Upon the papers filed in support of the motion and the papers filed in opposition thereto, upon the papers filed in support of the application to withdraw the motion and the stipulation of the parties, and upon the papers filed in support of the application to enlarge time and no papers having been filed in opposition or in relation thereto, it is

ORDERED that the application to withdraw the motion is granted, and the motion is deemed withdrawn; and it is further,

ORDERED that on the Court's own motion, the decision and order on motion of this Court dated August 28, 2013, is recalled and vacated; and it is further,

ORDERED that the application to enlarge time is granted to the extent that the appellants' time to perfect the appeals is enlarged until March 31, 2014, and the record or appendix

on the appeals and the appellants' respective briefs must be served and filed on or before that date, and the application is otherwise denied.

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

ENTER:

Aprilanne Agostino

Clerk of the Court