Appellate Division: Second Judicial Department

M241007

E/ct

RANDALL T. ENG, P.J.

REINALDO E. RIVERA

SHERI S. ROMAN

FRANCESCA E. CONNOLLY, JJ.

2016-12113 Shamma Dieujuste, appellant, v East Ramapo Central School District, et al., respondents. (Index No. 31946/15)

DECISION & ORDER ON MOTION

Motion by the respondent East Ramapo Central School District to dismiss an appeal from an order of the Supreme Court, Rockland County, dated October 25, 2016, as untimely taken and on the ground that it has been rendered academic. Application by the respondent East Ramapo Central School District 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 on the ground that it has been rendered academic is held in abeyance and referred to the panel of Justices hearing the appeal for determination upon the argument or submission thereof; and it is further,

ORDERED that the motion is otherwise denied; and it is further,

ORDERED that the application is granted, the applicant's time to serve and file a brief is enlarged until December 14, 2017, and the applicant's brief shall be served and filed on or before that date.

ENG, P.J., RIVERA, ROMAN and CONNOLLY, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court