Appellate Division: Second Judicial Department

M173292

E/sl

WILLIAM F. MASTRO, J.P.

JOHN M. LEVENTHAL

CHERYL E. CHAMBERS

LEONARD B. AUSTIN, JJ.

2013-05159 425 East 26th Street Owners Corp., respon v Laurel Beaton, appellant, et al., defendan (Index No. 20291/05)

DECISION & ORDER ON MOTION dent, ts.

Motion by the respondent to dismiss an appeal from an order of the Supreme Court, Kings County, dated March 22, 2013, on the ground that the right of direct appeal therefrom terminated upon entry of a judgment of the same court dated March 22, 2013, to recall and vacate an order on application of this Court dated December 30, 2013, which granted the appellant's application pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect the appeal from the order, or to enlarge the time to serve and file a brief.

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 on the ground that the right of direct appeal therefrom terminated upon entry of a judgment of the same court dated March 22, 2013, is 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 branch of the motion which is to recall and vacate the order on application of this Court dated December 30, 2013, and to dismiss the appeal is denied; and it is further,

ORDERED that the branch of the motion which is or 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 30, 2014, and the respondent's brief must be served and filed on or before that date.

MASTRO, J.P., LEVENTHAL, CHAMBERS and AUSTIN, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court