Appellate Division: Second Judicial Department

M219483

E/sl

RUTH C. BALKIN, J.P.

L. PRISCILLA HALL

JEFFREY A. COHEN

HECTOR D. LASALLE, JJ.

2015-12444 Gary Liang, appellant, v Wei Ji, respondent; Alliance Law, PLLC, nonparty-respondent. (Index No. 703829/15)

DECISION & ORDER ON MOTION

Motion by the respondents to dismiss an appeal from an order of the Supreme Court, Queens County, dated December 8, 2015, on the ground that the record is inadequate, or, in the alternative, to direct the appellant to serve them with "correct copies of the notice of appeal," and 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 matter is remitted to the Supreme Court, Queens County, to report on whether that court considered the respondents' affirmation dated July 16, 2015, in reply to the plaintiff's opposition to their motion and in opposition to plaintiff's cross motion and attached exhibits, annexed to the respondents' moving papers as Exhibit B, in determining the motion and cross motion that resulted in the order dated December 8, 2015; and it is further,

ORDERED that pending receipt of the report of the Supreme Court, Queens County, the motion is held in abeyance in the interim. The Supreme Court, Queens County, shall file its report with all convenient speed.

BALKIN, J.P., HALL, COHEN and LASALLE, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court