Appellate Division: Second Judicial Department

M170456

E/ct

PETER B. SKELOS, J.P.

THOMAS A. DICKERSON

JOHN M. LEVENTHAL

L. PRISCILLA HALL, JJ.

2013-04743, 2014-01408 Gaetano Demetrio, respondent-appellant, v Stewart Title Insurance Company, appellant- respondent. (Appeal No. 1) Gaetano Demetrio, respondent, v Stewart Title Insurance Company, appellant. (Appeal No. 2) (Index No. 101760/10)

DECISION & ORDER ON MOTION

Motion by Gaetano Demetrio to dismiss an appeal from an order of the Supreme Court, Richmond County, dated March 26, 2013, upon the ground that the order was superseded by an order of the same court dated December 19, 2013, or to enlarge his time to serve and file a brief. Cross motion by Stewart Title Insurance Company to calendar the appeal and cross appeal from the order dated March 26, 2013, together with an appeal from the order dated December 19, 2013.

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 is denied; and it is further,

ORDERED that the branch of the motion which is to enlarge Gaetano Demetrio's time to serve and file a brief is granted, Gaetano Demetrio's time to serve and file an answering brief, including the points of argument on the cross appeal (see 22 NYCRR 670.8[c][3]), is enlarged until April 4, 2014, and the brief shall be served and filed on or before that date; and it is further,

ORDERED that the cross motion is granted and the appeals will be calendered together and will be argued or submitted on the same day.

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

ENTER:

Aprilanne Agostino

Clerk of the Court