Appellate Division: Second Judicial Department

M210567

E/sl

RUTH C. BALKIN, J.P.

JOHN M. LEVENTHAL

LEONARD B. AUSTIN

COLLEEN D. DUFFY, JJ.

2015-01796 Hesham Taha, respondent, v Abier Elzemity, appellant. (Index No. 50819/13)

DECISION & ORDER ON MOTION

Motion by the appellant, inter alia, to enlarge the time to perfect an appeal from an order of the Supreme Court, Richmond County, dated December 31, 2014, and to direct the Supreme Court to locate Defendant's Trial Exhibit C or, in the alternative, for leave to omit Defendant's Trial Exhibit C from the record or appendix on the appeal. By decision and order of this Court dated April 8, 2016, the matter was remitted to the Supreme Court, Richmond County, for a reconstruction hearing with respect to Defendant's Trial Exhibit C, in the above-entitled action, and the appellant's motion was held in abeyance in the interim. By letter dated April 18, 2016, the appellant advised this Court that the reconstruction hearing had been held and the parties agreed to submit a stipulation in lieu of Defendant's Trial Exhibit C.

Upon the papers filed in support of the appellant's motion and the papers filed in opposition thereto, and upon the letter dated April 18, 2016, it is

ORDERED that the branch of the appellant's motion which is to enlarge the time to perfect the appeal is granted, the appellant's time to perfect the appeal is enlarged until May 27, 2016, and the record or appendix on the appeal and the appellant's brief must be served and filed on or before that date; and it is further,

ORDERED that no further enlargement of time shall be granted; and it is further,

ORDERED that the motion is otherwise denied as academic.

BALKIN, J.P., LEVENTHAL, AUSTIN and DUFFY, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court