Burton v Burton
Motion No: 2017-03474
Slip Opinion No: 2017 NY Slip Op 93498(U)
Decided on November 28, 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.


Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M242027

E/afa

WILLIAM F. MASTRO, J.P.

L. PRISCILLA HALL

SANDRA L. SGROI

COLLEEN D. DUFFY, JJ.

2017-03474

Frank Burton, et al., respondents,

v Pierre Burton, appellant.

(Index No. 102821/12)

DECISION & ORDER ON MOTION

Motion by the respondents to dismiss an appeal from a judgment of the Supreme Court, Richmond County, dated March 6, 2017, on the ground that the appellant does not have standing to prosecute the appeal.

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

ORDERED that the motion 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 on the Court's own motion, the appellant's time to perfect the appeal is enlarged until January 29, 2018, and the record or appendix on the appeal and the appellant's brief, if any, shall be served and filed on or before that date.

MASTRO, J.P., HALL, SGROI and DUFFY, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court