Appellate Division: Second Judicial Department

M208901

E/sl

RUTH C. BALKIN, J.P.

SHERI S. ROMAN

JOSEPH J. MALTESE

FRANCESCA E. CONNOLLY, JJ.

2015-08005 In the Matter of Maurice Daniel, appellant, v Brooklyn Law School, respondent. (Index No. 15714/14)

DECISION & ORDER ON MOTION

Motion by the respondent on an appeal from a judgment of the Supreme Court, Kings County, dated June 8, 2015, to dismiss the appeal on the ground that the paper appealed from is an order, from which no appeal lies as of right in a proceeding pursuant to CPLR article 78. Separate motion by the respondent for leave to file a supplemental record containing certain documents, and to enlarge the time to serve and file a brief. Motion by the appellant for leave to correct the table of contents of the record on appeal.

Upon the papers filed in support of the motions and the papers filed in opposition thereto, it is

ORDERED that the motion to dismiss the appeal is denied; and it is further,

ORDERED that the motion for leave to correct the table of contents of the record on appeal is granted, and on or before May 13, 2016, the appellant shall insert a corrected table of contents in the copies of the record on file with the Clerk of this Court; and it is further,

ORDERED that the branch of the motion which is for leave to file a supplemental record is denied; 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, the respondent's time to serve and file a brief is enlarged until June 13, 2016, and the respondent's brief must be served and filed on or before that date.

BALKIN, J.P., ROMAN, MALTESE and CONNOLLY, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court