Appellate Division: Second Judicial Department

M179735

E/ct

PETER B. SKELOS, J.P.

SHERI S. ROMAN

SYLVIA O. HINDS-RADIX

HECTOR D. LASALLE, JJ.

2014-00003 In the Matter of Robert Stone, et al., appellants, v James M. Farr, et al., respondents. (Index No. 12-5493)

DECISION & ORDER ON MOTION

Motion by the respondents to dismiss an appeal from an order of the Supreme Court, Orange County, dated September 16, 2013, on the ground that the appeal has been rendered academic, or, in the alternative, to enlarge the record to include certain material, and 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 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 enlarge the record to include certain material is denied; and it is further,

ORDERED that the branch of the 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 October 14, 2014, and the respondents' brief must be served and filed on or before that date.

SKELOS, J.P., ROMAN, HINDS-RADIX and LASALLE, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court