Appellate Division: Second Judicial Department

M215468

E/afa

RANDALL T. ENG, P.J.

THOMAS A. DICKERSON

COLLEEN D. DUFFY

FRANCESCA E. CONNOLLY, JJ.

2014-03026 Jose Borjas, et al., plaintiffs-respondents, v 232 Lawrence Ave., LLC, et al., defendants- respondents, AMC Engineering, PLLC, et al., appellants, et al., defendants (and a third-party action). (Action No. 1) Edit H. Vanegas, etc., et al., plaintiffs-respondents, v 232 Lawrence Ave., LLC, et al., defendants- respondents, AMC Engineering, PLLC, et al., appellants, et al., defendants (and third-party actions). (Action No. 2) (Index Nos. 601000/10, 21846/09)

DECISION & ORDER ON MOTION

Motion by the plaintiffs-respondents in Action No. 1 and the plaintiffs-respondents in Action No. 2 to dismiss appeals from an order of the Supreme Court, Nassau County, dated January 23, 2014, on the ground that the appeals have been rendered academic, or, in the alternative, to enlarge the time to serve and file their respective briefs.

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

ORDERED that the branch of the motion which is to dismiss the appeals is denied without prejudice to renew if the Surrogate's Court, Nassau County, approves the proposed settlement between the parties to the actions; and it is further,

ORDERED that the branch of the motion which is to enlarge the movants' time to serve and file their respective briefs is granted, the movants' time to serve and file their respective briefs is enlarged until November 30, 2016, and the movants' briefs must be served and filed on or before that date; and it is further,

ORDERED that on the Court's own motion, the appellants' time to serve and file their respective reply briefs is enlarged until December 15, 2016, and the reply briefs must be served and filed on or before that date.

ENG, P.J., DICKERSON, DUFFY and CONNOLLY, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court