Appellate Division: Second Judicial Department

M190400

E/ct

MARK C. DILLON, J.P.

JOHN M. LEVENTHAL

LEONARD B. AUSTIN

HECTOR D. LASALLE, JJ.

2014-07176 Moran Enterprises, Inc., appellant, v Margaret Hurst, et al., respondents. (Index No. 4634/07)

DECISION & ORDER ON MOTION

Motion by the respondents to dismiss an appeal from an order of the Supreme Court, Nassau County, dated May 14, 2014, under the doctrine of Bray v Cox (38 NY2d 350), on the ground that review of the issues to be raised on the appeal from that order are precluded by the dismissal of an appeal from an order of the same court dated September 25, 2013, under Appellate Division Docket No. 2014-00311, for failure to timely perfect. Application by the appellant pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect this appeal.

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 motion is denied in light of the withdrawal of the appeal under Appellate Division Docket No. 2014-00311 (see Moran Enterprises, Inc. v Hurst [decided herewith]); and it is further,

ORDERED that the application is granted, the appellant's time to perfect the appeal from the order dated May 14, 2014, is enlarged until June 8, 2015, and the record or appendix on the appeal and the appellant's brief must be served and filed on or before that date.

DILLON, J.P., LEVENTHAL, AUSTIN and LASALLE, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court