Appellate Division: Second Judicial Department

M219627

E/afa

RUTH C. BALKIN, J.P.

L. PRISCILLA HALL

JEFFREY A. COHEN

HECTOR D. LASALLE, JJ.

2014-10799, 2016-09835 Catherine Kupperstock, respondent, v Arie Kupperstock, etc., appellant. (Index No. 29066/10)

DECISION & ORDER ON MOTION

Motion by the respondent to dismiss an appeal from an order of the Supreme Court, Queens County, entered September 18, 2014, on the ground that the right of direct appeal therefrom terminated upon entry of a decision and judgment (one paper) of the same court entered August 9, 2016, or, in the alternative, to enlarge the time to serve and file a brief in connection with the appeal from the order to coincide with the time for service and filing of a respondent's brief in connection with the appeal from the decision and judgment.

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 from the order is held in abeyance and referred to the panel of Justices hearing the appeals for determination upon the argument or submission thereof; and it is further,

ORDERED that on the Court's own motion, the appeals will be heard together and will be argued or submitted on the same date; 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 in connection with the appeal from the order is granted to the extent that the respondent's time to serve and file a brief in connection with the appeal from the order is enlarged until November 14, 2016, the respondent's brief must be served and filed on or before that date, and that branch of the motion is otherwise denied.

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

ENTER:

Aprilanne Agostino

Clerk of the Court