Appellate Division: Second Judicial Department

M178527

E/ct

REINALDO E. RIVERA, J.P.

RUTH C. BALKIN

PLUMMER E. LOTT

BETSY BARROS, JJ.

2013-10858 Marcos Vargas, respondent, v Mohammad Akbar, et al., defendants, Dharmangini Shah, appellant. 2014-00084 Marcos Vargas, respondent, v Mohammad Akbar, et al., defendants, Alexander Ilchert, Jr., et al., appellants-respondents, Robert F. Reiche, et al., respondents-appellants. (Index No. 7778/11)

DECISION & ORDER ON MOTION

Motion by the respondent on an appeal from an order of the Supreme Court, Queens County, entered September 6, 2013 (Appellate Division Docket No. 2013-10858), and an appeal and a cross appeal from an order of the same court also entered September 6, 2013 (Appellate Division Docket No. 2014-00084), for leave to withdraw his brief filed in connection with the appeal and cross appeal under Appellate Division Docket No. 2014-00084, to enlarge his time to serve and file a brief in connection with the appeal under Appellate Division Docket No. 2013-10858, and for leave to file a single brief in connection with both appeals.

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 enlarge the time to serve and file a respondent's brief in connection with the appeal under Appellate Division Docket No. 2013-10858 is granted, the respondent's time to serve and file a brief is enlarged until September 15, 2014, and the respondent's brief must be served and filed on or before that date; and it is further,

ORDERED that the motion is otherwise denied.

RIVERA, J.P., BALKIN, LOTT and BARROS, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court