Appellate Division: Second Judicial Department

M214602

E/sl

CHERYL E. CHAMBERS, J.P.

L. PRISCILLA HALL

SYLVIA O. HINDS-RADIX

JOSEPH J. MALTESE, JJ.

2016-04945 In the Matter of Shirley L. (Anonymous). Lloyd Lander, appellant. (Index No. 30452/12)

DECISION & ORDER ON MOTION

Application by the appellant pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect an appeal from an order of the Supreme Court, Nassau County, dated May 6, 2015. By order to show cause dated May 27, 2016, the appellant was directed to show cause before this Court why an order should or should not be made and entered dismissing the appeal on the ground that the order dated May 6, 2015, denies a motion for leave to reargue and therefore is not appealable.

Now, upon the order to show cause and the papers filed in response 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 motion to dismiss the appeal is 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 application is granted, the appellant's time to perfect the appeal is enlarged until September 9, 2016, and the record or appendix on the appeal and the appellant's brief must be served and filed on or before that date.

CHAMBERS, J.P., HALL, HINDS-RADIX and MALTESE, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court