Appellate Division: Second Judicial Department

M180334

E/sl

RUTH C. BALKIN, J.P.

JOHN M. LEVENTHAL

JOSEPH J. MALTESE

BETSY BARROS, JJ.

2014-00731 Tatiana Pozdynakova, et al., plaintiffs- respondents, v Moses Markowitz, defendant- respondent, Rostislav Bleynis, appellant. (Index No. 1779/11)

DECISION & ORDER ON MOTION

Motion by the plaintiffs-respondents to strike the record and the appellant's brief on an appeal from an order of the Supreme Court, Kings County, dated November 1, 2013, on the grounds that the record is inadequate and the record and brief were not properly served, and to enlarge the time to serve and file a brief. Application by the plaintiffs-respondents 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 motion 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 matter is remitted to the Supreme Court, Kings County, to report on whether that court considered the opposition papers filed by Moses Markowitz, in determining the motion that resulted in the order dated November 1, 2013, and the plaintiffs-respondents' motion and application are held in abeyance in the interim; the Supreme Court, Kings County, shall file its report with all convenient speed.

BALKIN, J.P., LEVENTHAL, MALTESE and BARROS, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court