Appellate Division: Second Judicial Department

M224174

E/ct

RUTH C. BALKIN, J.P.

ROBERT J. MILLER

SYLVIA O. HINDS-RADIX

COLLEEN D. DUFFY, JJ.

2016-08490 John L. Weslowski, respondent-appellant, v Patricia Zugibe, etc., et al., appellants- respondents. (Index No. 31752/16)

DECISION & ORDER ON MOTION

Motion by the respondent-appellant, inter alia, on an appeal and a cross appeal from an order of the Supreme Court, Rockland County, dated July 21, 2016, to dismiss the appeal taken by Patricia Zugibe and Jeffrey J. Fortunato on the ground that they are not aggrieved, to enlarge the time to serve and file a brief, and to strike stated portions of the joint 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 taken by Patricia Zugibe and Jeffrey J. Fortunato on the ground that they are not aggrieved is held in abeyance and referred to the panel of Justices hearing the appeal and cross 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 respondent-appellant's time to serve and file a brief is granted, the respondent-appellant's time to serve and file his answering brief, including his points of argument on the cross appeal (see 22 NYCRR 670.8[c][3]), is enlarged until February 9, 2017, and the respondent-appellant's answering brief must be served and filed on or before that date; and it is further,

ORDERED that the motion is otherwise denied

BALKIN, J.P., MILLER, HINDS-RADIX and DUFFY, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court