Appellate Division: Second Judicial Department

M215292

E/sl

CHERYL E. CHAMBERS, J.P.

THOMAS A. DICKERSON

L. PRISCILLA HALL

JOSEPH J. MALTESE, JJ.

2016-01356 David Bruce McMahan, respondent, v Elena McMahan, appellant. (Index No. 14070/07)

DECISION & ORDER ON MOTION

Motion by the respondent to dismiss, in part, an appeal from an order of the Supreme Court, Westchester County, dated December 31, 2015, in part, on the ground that it has been rendered academic, to enlarge the time to serve and file a brief, and for an award of an attorney's fee and expenses.

Upon the papers filed in support of the motion and no papers having been filed in opposition or in relation thereto, it is

ORDERED that the branch of the motion which is to dismiss the appeal, in part, on the ground that it has been rendered academic 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 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 August 24, 2016, and the respondent's brief must be served and filed on or before that date; and it is further,

ORDERED that the motion is otherwise denied.

CHAMBERS, J.P., DICKERSON, HALL and MALTESE, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court