Appellate Division: Second Judicial Department

M205073

E/sl

THOMAS A. DICKERSON, J.P.

COLLEEN D. DUFFY

HECTOR D. LASALLE

BETSY BARROS, JJ.

2014-09486 Bala Hari Pillai, appellant, v Kathleen Pillai, respondent. (Index No. 20446/01)

DECISION & ORDER ON MOTION

Motion by the respondent on an appeal from an order of the Supreme Court, Suffolk County, dated July 14, 2014, to dismiss stated portions of the appeal on the ground that they have been rendered academic by an order of the same court dated June 10, 2015, for this Court to take judicial notice of the order dated June 10, 2015, and to enlarge the 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 branches of the motion which are to dismiss stated portions of the appeal, and for this Court to take judicial notice of the order dated June 10, 2015, are 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 branches of the motion which is to enlarge the 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 February 22, 2016, and the respondent's brief must be served and filed on or before that date.

DICKERSON, J.P., DUFFY, LASALLE and BARROS, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court