Appellate Division: Second Judicial Department

M238940

E/ct

MARK C. DILLON, J.P.

BETSY BARROS

FRANCESCA E. CONNOLLY

ANGELA G. IANNACCI, JJ.

2017-02576, 2017-02577 In the Matter of Country Fair Leasing, LLC, petitioner-appellant, v West Rac Contracting Corp., respondent-respondent, et al., respondent. (Index No. 602674/14)

DECISION & ORDER ON MOTION

On the Court's own motion, it is

ORDERED that the decision and order on motion of this Court dated October 2, 2017, in the above-entitled case is recalled and vacated, and the following decision and order on motion is substituted therefor:

Motion by the respondent-respondent to dismiss appeals from two orders of the Supreme Court, Nassau County, entered October 12, 2016, and February 28, 2017, respectively, on the ground that the appellant forfeited its right to appeal from the orders by participating in a subsequent arbitration proceeding between the parties or, in the alternative, to enlarge the time to serve and file a brief.

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

ORDERED that the branch of the motion which is to dismiss the appeals is held in abeyance and referred to the panel of Justices hearing the appeals 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-respondent's time to serve and file a brief is granted, the respondent-respondent's time to serve and file a brief is enlarged until November 2, 2017, and the respondent-respondent's brief shall be served and filed on or before that date.

DILLON, J.P., BARROS, CONNOLLY and IANNACCI, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court