Parrilla v Saphire
Motion No: 2016-02171
Slip Opinion No: 2016 NY Slip Op 89192(U)
Decided on October 21, 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

M220072

E/sl

REINALDO E. RIVERA, J.P.

L. PRISCILLA HALL

SYLVIA O. HINDS-RADIX

JOSEPH J. MALTESE, JJ.

2016-02171

Jessica Parrilla, et al., appellants,

v Gary Saphire, etc., et al., respondents,

et al., defendant.

(Index No. 21527/10)

DECISION & ORDER ON MOTION

Motion by the respondents to dismiss an appeal from an order of the Supreme Court, Kings County, dated November 17, 2015, on the grounds that no appeal lies from so much of the order as denied reargument and the appellant has abandoned the appeal from so much of the order as denied renewal 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 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