Appellate Division: Second Judicial Department

M172693

E/ct

MARK C. DILLON, J.P.

SANDRA L. SGROI

JOSEPH J. MALTESE

COLLEEN D. DUFFY, JJ.

2013-08229 Shimson Fisher, plaintiff-appellant, v City of New York, respondent, Johanna Castronovo, et al., defendants-appellants (and a third-party action). (Index No. 2287/12)

DECISION & ORDER ON MOTION

Motion by the respondent to dismiss the plaintiff's appeal from an order of the Supreme Court, Kings County, dated June 21, 2013, as untimely taken, to strike the plaintiff-appellant's brief, and to enlarge its time to serve and file a brief. Separate motion by the defendants-appellants to strike the plaintiff-appellant's brief, and to enlarge their time to serve and file a reply brief.

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

ORDERED that the branch of the motion which is to dismiss the plaintiff's appeal and the branches of the motion which are to strike the plaintiff-appellant's brief are granted, the plaintiff's appeal is dismissed, without costs or disbursements (see CPLR 5513[a]), and the plaintiff-appellant's brief is stricken; 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 May 19, 2014, and the respondent's brief must be served and filed on or before that date; and it is further,

ORDERED that the branch of the motion which is to enlarge the defendants-appellants' time to serve and file a reply brief is denied as premature.

DILLON, J.P., SGROI, MALTESE and DUFFY, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court