Ali v City of New York
Motion No: 2016-02284
Slip Opinion No: 2016 NY Slip Op 82464(U)
Decided on August 15, 2016
Appellate Division, Second Department, Motion Decision
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
This motion is uncorrected and is not subject to publication in the Official Reports.


Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M216519

E/sl

RANDALL T. ENG, P.J.

SHERI S. ROMAN

COLLEEN D. DUFFY

VALERIE BRATHWAITE NELSON, JJ.

2016-02284

Ali Saleh Moshad Ali, et al., appellants,

v City of New York, respondent.

(Index No. 24516/07)

DECISION & ORDER ON MOTION

Motion by the respondent to dismiss an appeal from an order of the Supreme Court, Kings County, dated January 4, 2016, on the ground that the order was entered on the appellants's default or consent, 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 papers filed in opposition thereto, it is

ORDERED that the branch of the motion which is 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 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 September 14, 2016, and the respondent's brief must be served and filed on or before that date.

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

ENTER:

Aprilanne Agostino

Clerk of the Court