Appellate Division: Second Judicial Department

M239331

E/afa

RANDALL T. ENG, P.J.

JEFFREY A. COHEN

JOSEPH J. MALTESE

ANGELA G. IANNACCI, JJ.

2016-00723 Sol Leiner, appellant, v Estate of Noel Hauser, respondent. (Index No. 2349/15)

DECISION & ORDER ON MOTION

Motion by the appellant to hold in abeyance an appeal from an order of the Supreme Court, Kings County, dated October 26, 2015, pending determination by the Supreme Court, Kings County, of a certain motion in the underlying action, or, in the alternative, to extend the time to serve and file a replacement appellant's appendix and a replacement appellant's 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 extend the time to serve and file a replacement appellant's appendix and a replacement appellant's brief is granted, and on or before November 30, 2017, the appellant shall serve and file a replacement appellant's appendix and a replacement appellant's brief that do not contain or refer to matter dehors the record and comply with the rules of the Court (see 22 NYCRR 670.10.2); and it is further,

ORDERED that no further enlargement of time shall be granted; and it is further,

ORDERED that the motion is otherwise denied; 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 December 20, 2017, and the respondent's brief, if any, shall be served and filed on or before that date.

ENG, P.J., COHEN, MALTESE and IANNACCI, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court