Appellate Division: Second Judicial Department

M191341

E/sl

MARK C. DILLON, J.P.

RUTH C. BALKIN

ROBERT J. MILLER

JOSEPH J. MALTESE, JJ.

2014-08767 Edward A. Radburn, etc., respondent, v Roopnarine Singh, etc., appellant. (Index No. 601902/14)

DECISION & ORDER ON MOTION

Motion by the respondent for leave to file an addendum to his brief on an appeal from an order of the Supreme Court, Nassau County, dated August 18, 2014, to enlarge the time to serve and file a brief, and to refer the issue of whether the appeal has been rendered academic to the panel of Justices hearing the appeal for determination upon the argument or submission of the appeal.

Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is

ORDERED that the branch of the motion which is for leave to file an addendum to the respondent's brief is denied; and it is further,

ORDERED that the branch of the motion which is to enlarge the time to serve and file a brief is granted, the respondent's time to serve and file a brief is enlarged until May 29, 2015, and the respondent's brief, which does not contain an addendum and does not raise issues relating to the addendum, must be served and filed on or before that date; and it is further,

ORDERED that the branch of the motion which is to refer the issue of whether the appeal has been rendered academic to the panel of Justices hearing the appeal for determination upon the argument or submission of the appeal is denied without prejudice to making a motion to dismiss the appeal on the ground that it has been rendered academic.

DILLON, J.P., BALKIN, MILLER and MALTESE, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court