Appellate Division: Second Judicial Department

M191055

S/sl

RANDALL T. ENG, P.J.

WILLIAM F. MASTRO

REINALDO E. RIVERA

PETER B. SKELOS

MARK C. DILLON, JJ.

2014-11175 Dimetri Clarke, respondent, Rafael Williams, respondent-appellant, v Kingsley Clarke, et al., appellants-respondents, et al., defendant. (Index No. 27035/10)

DECISION & ORDER ON MOTION

Application by the appellants-respondents pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect an appeal from a judgment of the Supreme Court, Kings County, dated October 8, 2014. Application by the respondent-appellant to enlarge the time to perfect their cross appeal from the same judgment.

Upon the papers filed in support of the applications and no papers having been filed in opposition or in relation thereto, it is

ORDERED that on the Court's own motion, the cross appeal by Rafael Williams is dismissed, without costs or disbursements, as he is not aggrieved by the judgment dated October 8, 2014 (see CPLR 5511); and it is further,

ORDERED that the application by the appellants-respondents is granted, the appellants-respondents' time of to perfect the appeal is enlarged until June 17, 2015, and the record or appendix on the appeal and the appellants-respondents' brief must be served and filed on or before that date; and it is further,

ORDERED that the application by the respondent-appellant is denied as academic.

ENG, P.J., MASTRO, RIVERA, SKELOS and DILLON, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court