Appellate Division: Second Judicial Department

M176867

E/sl

WILLIAM F. MASTRO, J.P.

LEONARD B. AUSTIN

JEFFREY A. COHEN

HECTOR D. LASALLE, JJ.

2013-09690, 2013-09691 425 East 26th Street Owners Corp., respondent, v Laurel Beaton, appellant, et al., defendants. (Index No. 20291/05)

DECISION & ORDER ON MOTION

Motion by the appellant to deem the timely served notice of appeal from a judgment of the Supreme Court, Kings County, dated March 22, 2013, and an order of the same court dated June 26, 2013, to be timely filed. Cross motion by the respondent to dismiss the appeals as untimely taken and on the ground that they have been rendered academic, or, in the alternative, 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, and upon the papers filed in support of the cross motion and no papers having been filed in opposition or in relation thereto, it is

ORDERED that the motion is granted, and the notice of appeal is deemed timely filed (see CPLR 5520[a]); and it is further,

ORDERED that the branch of the cross motion which is to dismiss the appeals as untimely taken is denied; and it is further,

ORDERED that the branch of the cross motion which is to dismiss the appeals on the ground that they have been rendered academic is held in abeyance and referred to the panel of Justices hearing the appeals for determination upon the argument or submission thereof; and it is further,

ORDERED that the branch of the cross 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 September 8, 2014, and the respondent's brief must be served and filed on or before that date.

MASTRO, J.P., AUSTIN, COHEN and LASALLE, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court