Appellate Division: Second Judicial Department

M173147

E/sl

MARK C. DILLON, J.P.

L. PRISCILLA HALL

JEFFREY A. COHEN

SYLVIA O. HINDS-RADIX, JJ.

2014-00800, 2014-01469 5706 Fifth Avenue, LLC, respondent, v Chamoun Ketri, et al., defendants, Sami Louzieh, etc., appellant. (Index No. 31527/09)

DECISION & ORDER ON MOTION

Motion by the appellant on appeals from two orders of the Supreme Court, Kings County, dated November 6, 2013, and January 22, 2014, respectively, for leave to reargue the appellant's prior motion, inter alia, to stay enforcement of the orders, which was determined by decision and order on motion of this Court dated March 25, 2014. Cross motion by the respondent to enlarge the record to include certain motion papers and to strike certain papers from the record.

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

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

ORDERED that the motion for leave to reargue is granted to the extent that leave to reargue is granted, the decision and order on motion of this Court dated March 25, 2014, is recalled and vacated, and the following decision and order is substituted therefor, and the motion is otherwise denied:

Motion by the appellant to stay enforcement of two orders of the Supreme Court, Kings County, dated November 6, 2013, and January 22, 2014, respectively, as well as any judgment entered upon the orders, pending hearing and determination of appeals from the orders, to refer the matter for an inquest, to enlarge the record to include certain motion papers, and to vacate the appellant's default on June 6, 2013, and restore the discovery motion to the motion calendar. Separate motion by the respondent to dismiss the appeals on the ground that the record on appeal is inadequate 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 appellant's motion is denied; and it is further,

ORDERED that the branch of the respondent's motion which is to dismiss the appeals is denied; and it is further,

ORDERED that the branch of the respondent's motion which is to enlarge the time to serve and file a brief is granted, the respondent's time to serve and file a brief is enlarged until May 27, 2014, and the respondent's brief must be served and filed on or before that date.

DILLON, J.P., HALL, COHEN and HINDS-RADIX, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court