Appellate Division: Second Judicial Department

M216904

E/sl

REINALDO E. RIVERA, J.P.

CHERYL E. CHAMBERS

ROBERT J. MILLER

JOSEPH J. MALTESE

BETSY BARROS, JJ.

2015-11480 GS Brooklyn Apts., LLC, plaintiff-respondent, v Denyse Roberts, defendant-respondent, et al., defendants; Jay Berman, nonparty-appellant. (Index No. 33167/08)

DECISION & ORDER ON MOTION

Application by the nonparty-appellant pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect an appeal from an order of the Supreme Court, Kings County, dated April 24, 2015. By order to show cause dated July 12, 2016, the parties to the appeal were directed to show cause before this Court why an order should or should not be made and entered dismissing the appeal in the above-entitled action on the ground that no appeal lies from an order entered upon the consent of the appealing party, and the application was held in abeyance in the interim.

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 matter is remitted to the Supreme Court, Kings County, to report on whether the order dated April 24, 2015, was entered upon the consent of the nonparty-appellant; the Supreme Court, Kings County, shall file its report with all convenient speed; and it is further,

ORDERED that the motion to dismiss the appeal and the application are held in abeyance in the interim.

RIVERA, J.P., CHAMBERS, MILLER, MALTESE and BARROS, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court