Appellate Division: Second Judicial Department

M197386

J/sl

MARK C. DILLON, J.P.

THOMAS A. DICKERSON

JEFFREY A. COHEN

COLLEEN D. DUFFY, JJ.

2014-08184 Fitzgerald Stenson, respondent, v Second Atlantic Terminal Housing Corporation, appellant. (Index No. 10685/12)

DECISION & ORDER ON MOTION

Motion by the respondent, inter alia, to dismiss an appeal from an order of the Supreme Court, Kings County, dated July 24, 2014, on the ground that the appellant failed to comply with a prior decision and order on motion of this Court dated April 28, 2015, to strike the appellant's replacement brief on the ground that it improperly raises arguments for the first time on appeal, or 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, it is

ORDERED that the branch of the motion which is to strike the appellant's replacement brief on the ground that it improperly raises arguments for the first time on appeal 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 the respondent's time to serve and file a brief is granted, and the respondent's brief must be served and filed on or before September 21, 2015; and it is further,

ORDERED that the motion is otherwise denied.

DILLON, J.P., DICKERSON, COHEN and DUFFY, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court