Appellate Division: Second Judicial Department

M190646

E/ct

REINALDO E. RIVERA, J.P.

PETER B. SKELOS

JOHN M. LEVENTHAL

COLLEEN D. DUFFY, JJ.

2014-08067 NYCTL 1998-2 Trust, etc., plaintiff, v Ocean Gate Estate Homeowners Association, Inc., respondent, et al., defendants; Fulton Capital, SI, LLC, nonparty-appellant. (Index No. 101384/11)

DECISION & ORDER ON MOTION

Motion by the respondent to dismiss an appeal from an order of the Supreme Court, Richmond County, dated June 27, 2014, on the ground that it has been rendered academic, or, in the alternative, to enlarge the record to include certain documents and to enlarge its 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 on the ground that it has been rendered academic 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 respondent's time to serve and file a brief and the application for that relief are granted, the respondent's time to serve and file a brief is enlarged until May 15, 2015, 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., SKELOS, LEVENTHAL and DUFFY, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court