| Ventures Trust 2013-I-H-R by MCM Capital Partners, LLC, its trustee |
| Motion No: 2017-01477 |
| Slip Opinion No: 2017 NY Slip Op 92095(U) |
| Decided on November 14, 2017 |
| Appellate Division, Second Department, Motion Decision |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| This motion is uncorrected and is not subject to publication in the Official Reports. |
Appellate Division: Second Judicial Department
M240569
E/ct
L. PRISCILLA HALL, J.P.
JEFFREY A. COHEN
BETSY BARROS
LINDA CHRISTOPHER, JJ.
|
2017-01477 Ventures Trust 2013-I-H-R by MCM Capital Partners, LLC, its trustee, etc., respondent, v Brahmadutta Bisram, et al., defendants; Miss Jones, LLC, successor in interest to PNC Bank, N.A., nonparty-appellant. (Index No. 14894/08)
| DECISION & ORDER ON MOTION |
Motion by the respondent to dismiss an appeal from an order of the Supreme Court, Kings County, dated February 7, 2017, on the ground that it has been rendered academic or on the ground that the nonparty-appellant lacks standing, 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 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 branch of the motion which is to enlarge the time to serve and file a brief is granted, the respondent's time to serve and file a brief is enlarged until December 14, 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.
HALL, J.P., COHEN, BARROS and CHRISTOPHER, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court