Appellate Division: Second Judicial Department

M220071

E/sl

REINALDO E. RIVERA, J.P.

L. PRISCILLA HALL

SYLVIA O. HINDS-RADIX

JOSEPH J. MALTESE, JJ.

2016-01685, 2016-07401 Maritza Alvarez, etc., appellant, v Mohammad Jawaid, etc., et al., respondents. (Index No. 705857/13)

DECISION & ORDER ON MOTION

Motion by the respondents on appeals from two orders of the Supreme Court, Queens County, entered February 9, 2016, and June 6, 2016, respectively, to dismiss the appeal from the order entered February 9, 2016, on the ground that no appeal lies from an order entered upon the appellants' default or the order entered February 9, 2016, was superceded by a subsequent order of the same court entered February 10, 2016, to dismiss the appeal from the order entered June 6, 2016, on the ground that no appeal lies from an order denying reargument, 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 branches of the motion which are to dismiss the appeals are 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 the branch of the motion which is to enlarge the respondents' time to serve and file a brief is granted, the respondents' time to serve and file a brief is enlarged until November 21, 2016, and the respondents' brief must be served and filed on or before that date.

RIVERA, J.P., HALL, HINDS-RADIX and MALTESE, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court