Appellate Division: Second Judicial Department

M186511

E/ct

PETER B. SKELOS, J.P.

LEONARD B. AUSTIN

SHERI S. ROMAN

HECTOR D. LASALLE, JJ.

2014-04978 Diane Moyse, appellant, v Maurice D. Gruber, et al., defendants, Bowl Long Island, LLC, etc., respondent. (Index No. 17028/11)

DECISION & ORDER ON MOTION

Motion by the respondent to dismiss an appeal from an order of the Supreme Court, Suffolk County, dated March 12, 2014, on the ground that the parties have executed a stipulation of discontinuance, and for an award of costs, or, in the alternative, to enlarge the time to serve and file a brief. Application by the respondent 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 branch of the motion which is to dismiss the appeal is granted and the appeal is dismissed, without costs or disbursements; and it is further,

ORDERED that the branch of the motion which is to enlarge the time to serve and file a brief and the application for that relief are denied as academic; and it is further,

ORDERED that the motion is otherwise denied.

SKELOS, J.P., AUSTIN, ROMAN and LASALLE, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court