Appellate Division: Second Judicial Department

M207862

E/ct

REINALDO E. RIVERA, J.P.

L. PRISCILLA HALL

JEFFREY A. COHEN

SYLVIA O. HINDS-RADIX, JJ.

2015-02195 Cecilia Gullas, et al., appellants, v Dolores Roedel, et al., respondents. (Index No. 10594/14)

DECISION & ORDER ON MOTION

Motion by the appellants to enlarge the record on an appeal from an order of the Supreme Court, Queens County, entered December 18, 2014, to include certain documents. Cross motion by the respondents to dismiss the appeal on the ground that it has been rendered academic or alternatively, on the ground that the record on appeal is inadequate. Application by the 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 cross 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 branch of the cross motion which is to dismiss the appeal on the ground that the record on appeal is inadequate is granted, and the appeal is dismissed, without costs or disbursements (see CPLR 5526); and it is further,

ORDERED that the cross motion is otherwise denied as academic; and it is further,

ORDERED that the application is denied as academic; and it is further,

ORDERED that the motion is denied.

RIVERA, J.P., HALL, COHEN and HINDS-RADIX, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court