Appellate Division: Second Judicial Department

M232704

E/afa

REINALDO E. RIVERA, J.P.

SANDRA L. SGROI

ROBERT J. MILLER

VALERIE BRATHWAITE NELSON, JJ.

2016-05367 Thomas Butterfield, appellant, v Huntington Union Free School District, respondent. (Index No. 22936/13)

DECISION & ORDER ON MOTION

Appeal by Thomas Butterfield from an order of the Supreme Court, Suffolk County, dated April 8, 2016. By order to show cause dated March 10, 2017, the parties were directed to show cause before this Court why an order should or should not be made and entered dismissing the appeal in the above-entitled action for failure to comply with a decision and order on motion of this Court dated December 22, 2016. Motion by the appellant to extend his time to comply with the decision and order on motion of this Court dated December 22, 2016.

Now, upon the order to show cause and the papers filed in response thereto, and upon the papers filed in support of the appellant's motion 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 appellant's motion is granted, and the appellant's time to serve and file a supplemental appellant's appendix containing the papers submitted by the parties in connection with the motion that resulted in the order dated April 8, 2016, is extended until July 12, 2017; and it is further,

ORDERED that on the Court's own motion, the respondent's time to serve and file a brief is enlarged until August 11, 2017, and the respondent's brief, if any, must be served and filed on or before that date.

RIVERA, J.P., SGROI, MILLER and BRATHWAITE NELSON, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court