652 Park, LLC v Levine
Motion No: 2013-07023
Slip Opinion No: 2014 NY Slip Op 73204(U)
Decided on May 23, 2014
Appellate Division, Second Department, Motion Decision
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
This motion is uncorrected and is not subject to publication in the Official Reports.


Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M174601

E/sl

MARK C. DILLON, J.P.

PLUMMER E. LOTT

LEONARD B. AUSTIN

BETSY BARROS, JJ.

2013-07023

652 Park, LLC, respondent,

v Michael J. Levine, et al., appellants.

(Index No. 602604/12)

DECISION & ORDER ON MOTION

Motion by the appellants to stay all proceedings in the above-entitled action, including all discovery, motion practice, and conferences, pending hearing and determination of an appeal from an order of the Supreme Court, Kings County, dated April 3, 2013. Separate motion by the respondent to dismiss the appeal on the ground that the record on appeal is inadequate, or, in the alternative, for leave to serve and file a supplemental record and for an award of costs. Application by the respondent pursuant to 22 NYCRR 670.8(d)(2) 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, and upon the papers filed in support of the application and no papers having been filed in opposition or in relation thereto, it is

ORDERED that the appellants' motion is denied; and it is further,

ORDERED that the branch of the respondent's motion which is for leave to serve and file a supplemental record is granted, and the respondent may serve and file a supplemental record containing the appellants' memorandum of law dated October 26, 2012, and the respondent's memorandum of law dated December 8, 2012, at the time that it serves and files its brief; and it is further,

ORDERED that the branch of the respondent's motion which is for an award of costs to reimburse the respondent for the cost of the supplemental record is denied without prejudice to obtaining costs if the respondent prevails on the appeal; and it is further,

ORDERED that the respondent's motion is otherwise denied; and it is further,

ORDERED that the application is granted, the respondent's time to serve and file a brief is enlarged until June 26, 2014, and the respondent's brief must be served and filed on or before that date.

DILLON, J.P., LOTT, AUSTIN and BARROS, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court