Appellate Division: Second Judicial Department

M220509

E/sl

MARK C. DILLON, J.P.

THOMAS A. DICKERSON

SYLVIA O. HINDS-RADIX

JOSEPH J. MALTESE, JJ.

2016-00713 NYCTL 2013-A Trust, respondent, et al., plaintiff, v Ashad Ali, appellant-respondent, et al., defendants; BH Hollis, intervenor- respondent-appellant. (Index No. 4457/14)

DECISION & ORDER ON MOTION

Motion by the intervenor-respondent-appellant on an appeal and cross appeal from an order of the Supreme Court, Queens County, dated November 25, 2016, to dismiss the appeal, or, in the alternative, to enlarge the time to serve and file a brief and for leave to serve and file a supplemental record.

Upon the papers filed in support of the motion and no papers having been filed in opposition or in relation thereto, it is

ORDERED that the branch of the motion which is to dismiss the appeal is denied; and it is further,

ORDERED that the branch of the motion which is to enlarge the intervenor-respondent-appellant's time to serve and file a brief is granted, the intervenor-respondent-appellant's time to serve and file a brief is enlarged until December 12, 2016, and the to serve and file a brief answering brief, including its points of argument on the cross appeal of this Court (see 22 NYCRR 670.8[c][3]) must be served and filed on or before that date; and it is further,

ORDERED that the branch of the motion which is for leave to serve and file a supplemental record is denied with leave to renew upon proper papers supporting the contention that the joint record is incomplete.

DILLON, J.P., DICKERSON, HINDS-RADIX and MALTESE, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court