Appellate Division: Second Judicial Department

M225288

E/sl

CHERYL E. CHAMBERS, J.P.

SHERI S. ROMAN

HECTOR D. LASALLE

BETSY BARROS, JJ.

2016-11306 Jose Salinas, respondent-appellant, v 64 Jefferson Apartments, LLC, appellant-respondent. (Index No. 52216/13)

DECISION & ORDER ON MOTION

Motion by the appellant-respondent to stay the trial in the above-entitled action pending hearing and determination of an appeal and cross appeal from an order of the Supreme Court, Westchester County, dated September 23, 2016. Cross motion by the respondent-appellant to dismiss the appeal on the ground that the order dated September 23, 2016, is not appealable as of right by the appellant-respondent or, in the alternative, to enlarge the time to serve and file an answering brief.

Upon the papers filed in support of the motion and the cross motion, and the papers filed in opposition thereto, it is

ORDERED that the motion is denied; and it is further,

ORDERED that the branch of the cross 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 cross motion which is to enlarge the time to serve and file an answering 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 27, 2017, and the answering brief must be served and filed on or before that date.

CHAMBERS, J.P., ROMAN, LASALLE and BARROS, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court