| Berger v Prospect Park Residence, LLC |
| Motion No: 2015-03592 |
| Slip Opinion No: 2016 NY Slip Op 63561(U) |
| Decided on February 8, 2016 |
| Appellate Division, 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 Division: Second Judicial Department
M206075
E/sl
LEONARD B. AUSTIN, J.P.
SANDRA L. SGROI
JOSEPH J. MALTESE
COLLEEN D. DUFFY, JJ.
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2015-03592, 2015-07407, 2015-09228, 2015-09229 Mary Berger, et al., plaintiffs-respondents, v Prospect Park Residence, LLC, et al., defendants, 1 Prospect Park Residence, LLC, et al., appellants, New York State Department of Health, et al., defendants-respondents. (Action No. 1) Lillian S. Marks, et al., plaintiffs-respondents, v Prospect Park Residence, LLC, et al., defendants, 1 Prospect Park Residence, LLC, et al., appellants, New York State Department of Health, et al., defendants-respondents. (Action No. 2) (Index Nos. 6639/14, 9578/14)
| DECISION & ORDER ON MOTION |
Motion by the plaintiffs-respondents, inter alia, to dismiss appeals from four orders of the Supreme Court, Kings County, dated November 21, 2014, April 10, 2015, June 15, 2015, and July 1, 2015, respectively, on the ground that the record is inadequate, or, in the alternative, to direct the appellants to serve and file a supplemental record, and to enlarge the time to serve and file a brief. Application by the defendants-respondents 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 on the Court's own motion, Myra Melamed, temporary administrator of the estate of George Melamed, is substituted for the deceased plaintiff-respondent, George Melamed, and the caption is amended accordingly; and it is further,
ORDERED that the branch of the motion which is to enlarge the plaintiffs-respondents' time to serve and file a brief and the application to enlarge the defendants-respondents' time to serve and file a brief are granted, the time to serve and file the respondents' briefs is enlarged until March 9, 2016, and the respondents' briefs must be served and filed on or before that date; and it is further,
ORDERED that the motion is otherwise denied.
AUSTIN, J.P., SGROI, MALTESE and DUFFY, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court