Appellate Division: Second Judicial Department

M239032

E/sl

MARK C. DILLON, J.P.

SANDRA L. SGROI

SYLVIA O. HINDS-RADIX

ANGELA G. IANNACCI, JJ.

2017-01749 Magdaleno Merino, respondent, v Michael A. Tessel, et al., appellants. (Index No. 17769/14)

DECISION & ORDER ON MOTION

Motion by the appellants to stay the trial in the above-entitled action pending hearing and determination of an appeal from an order of the Supreme Court, Kings County, dated January 19, 2017. Separate motion by the respondent, inter alia, to dismiss the appeal on the ground that the record is inadequate or, in the alternative, to enlarge the time to serve and file a brief.

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

ORDERED that the appellants' motion is granted, and the trial in the above-entitled action is stayed pending hearing and determination of the appeal; and it is further,

ORDERED that the branch of the respondent's motion which is to dismiss the appeal is denied on condition that on or before October 27, 2017, the appellants serve and file a supplemental record containing Exhibit A to the reply affirmation of Aaronda Watson dated January 12, 2017, which was filed in connection with the motion that resulted in the order dated January 19, 2017; and it is further,

ORDERED that the branch of the respondent's motion which is to enlarge the respondent's time to serve and file a brief is granted, the respondent's time to serve and file a brief is enlarged until November 27, 2017, and the respondent's brief shall be served and filed on or before that date; and it is further,

ORDERED that the respondent's motion is otherwise denied.

DILLON, J.P., SGROI, HINDS-RADIX and IANNACCI, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court