Appellate Division: Second Judicial Department

M177137

E/sl

WILLIAM F. MASTRO, J.P.

LEONARD B. AUSTIN

JEFFREY A. COHEN

HECTOR D. LASALLE, JJ.

2013-07898, 2014-04202 In the Matter of Terrace View Estate Homeowners Association, Inc., et al., appellants, v Bates Drive Condominium III, et al., respondents. (Index No. 13-30904)

DECISION & ORDER ON MOTION

Motion by the appellants, in effect, to consolidate appeals from an order of the Supreme Court, Rockland County, dated June 25, 2013, and a judgment of the same court dated October 10, 2013, for leave to file a supplemental record containing the judgment and the notice of appeal from the judgment, and to deem the record and brief filed in connection with the order to also be the record and brief for the judgment. Separate motion by the respondents to dismiss the appeal from the order as superseded by the appeal from the judgment or, in the alternative, to enlarge the time to serve and file a brief on the appeal from the order dated June 25, 2013.

Upon the papers filed in support of the motions and no papers having been filed in opposition or in relation thereto, it is

ORDERED that the appellants' motion is granted, and on or before July 29, 2014, the appellants shall serve and file a supplemental record containing the judgment and the notice of appeal from the judgment; and it is further,

ORDERED that the branch of the respondents' motion which is to dismiss the appeal from the order 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 respondents' motion which is to enlarge the respondents' time to serve and file a brief is granted, the respondents' time to serve and file a brief is enlarged until August 28, 2014, and the respondents' 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