87-10 51st Ave. Owners Corp. v Robert Valdes-clausell
Motion No: 2014-00868 QC
Slip Opinion No: 2015 NY Slip Op 89455(U)
Decided on October 28, 2015
Appellate Term, Second Department, Motion Decision
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
This motion is uncorrected and is not subject to publication in the Official Reports.


Appellate Term of the Supreme Court

of the State of New York for the 2nd, 11th & 13th judicial Districts

MICHAEL L. PESCE, P.J.

THOMAS P. ALIOTTA

MARTIN M. SOLOMON, JJ.

DECISION & ORDER ON MOTION

2014-868 Q C
87-10 51st Avenue Owners Corp., Respondent, v Robert Valdes-Clausell, Appellant.

Motion by respondent to dismiss as moot an appeal from an order of the Civil Court of the City of New York, Queens County, entered October 29, 2013, or, in the alternative, for an enlargement of time to serve and file a respondent's 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 seeking to dismiss the appeal is denied; and it is further,

ORDERED that the branch of the motion seeking an enlargement of time to serve and file a respondent's brief is granted and the respondent's brief shall be served and filed within 21 days of the date of this decision and order; and it is further,

ORDERED that appellant, if he be so advised, may serve and file a reply brief within 14 days after the respondent's brief is due to be served and filed pursuant to this decision and order on motion.

ENTER:

Paul Kenny

Chief Clerk