Appellate Division: Second Judicial Department

M221926

E/sl

L. PRISCILLA HALL, J.P.

SANDRA L. SGROI

JOSEPH J. MALTESE

COLLEEN D. DUFFY, JJ.

2016-03581 Luis Loja, plaintiff, v Lake Newel, Ltd., et al., defendants; Silberstein Awad Miklos, P.C., nonparty-appellant; Hill & Moin, LLP, nonparty-respondent. (Index No. 24724/10)

DECISION & ORDER ON MOTION

Application by the nonparty-appellant pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect an appeal from an order of the Supreme Court, Kings County, dated February 11, 2016. By order to show cause dated September 23, 2016, the nonparty-appellant and the nonparty-respondent were directed to show cause why the appeal should or should not be dismissed on the ground that the order appealed from was not appealable as of right and leave to appeal had not been granted, and the application was held in abeyance in the interim.

Now, upon the order to show cause and the papers filed in response thereto, and upon the papers filed in support of the application and no papers having been filed in opposition or in relation thereto, it is

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

ORDERED that the application is granted, the nonparty-appellant's time to perfect the appeal is enlarged until January 27, 2017, and the record or appendix on the appeal and the nonparty-appellant's brief must be served and filed on or before that date.

HALL, J.P., SGROI, MALTESE and DUFFY, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court