Appellate Division: Second Judicial Department

M216479

E/sl

RANDALL T. ENG, P.J.

SHERI S. ROMAN

COLLEEN D. DUFFY

VALERIE BRATHWAITE NELSON, JJ.

2016-01797 Todd E. Freed, et al., respondents, v Barbara Best, defendant, Zarko Svatovic, appellants. (Index No. 1247/14)

DECISION & ORDER ON MOTION

Motion by the appellants to stay all proceedings in the above-entitled action, pending hearing and determination of an appeal from an order of the Supreme Court, Suffolk County, dated January 15, 2016, and to waive compliance with the requirements of 22 NYCRR 670.10.2(f) regarding certification of the record on appeal. Cross motion by the respondents to dismiss the appeal on the grounds that no appeal lies from so much of the order dated January 15, 2016, as denied reargument and that the appellant is not aggrieved by the remainder of the order, or, in the alternative, to enlarge the time to serve and file a brief.

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

ORDERED that the branch of the cross motion which is to dismiss the appeal is granted and the appeal is dismissed, without costs or disbursements; and it is further,

ORDERED that the motion and the branch of the cross motion which are to enlarge the respondents' time to serve and file a brief are denied as academic.

ENG, P.J., ROMAN, DUFFY and BRATHWAITE NELSON, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court