Appellate Division: Second Judicial Department

M239330

E/afa

RANDALL T. ENG, P.J.

SHERI S. ROMAN

ROBERT J. MILLER

LINDA CHRISTOPHER, JJ.

2016-12440 Kamal Ahmed, respondent, v Masum N. Ahmed, et al., appellants. (Index No. 701209/13)

DECISION & ORDER ON MOTION

Motion by the respondent to dismiss an appeal from a judgment of the Supreme Court, Queens County, entered November 18, 2016, pursuant to CPLR 5501 and 5511 "for want of appellate jurisdiction," or, in the alternative, to strike the appellants' brief on the ground that it refers to matter dehors the record and does not comply with the rules of this Court, or, in the alternative, to enlarge the time to serve and file a brief. Application by the respondent pursuant to 22 NYCRR 670.8(d)(2) 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 and upon the papers filed in support of the application 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 is granted to the extent that Point V of the appellant's brief is stricken and on or before November 6, 2017, the appellant shall remove Point V from the copies of the appellant's brief filed with the Clerk of this Court; and it is further,

ORDERED that the branch of the motion which is to enlarge the respondent's time to serve and file a brief and the application for that relief are granted, the respondent's time to serve and file a brief is enlarged until December 5, 2017, and the respondent's brief shall be served and filed on or before that date; and it is further,

ORDERED that the motion is otherwise denied.

ENG, P.J., ROMAN, MILLER and CHRISTOPHER, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court