Appellate Division: Second Judicial Department

M242748

E/ct

JOHN M. LEVENTHAL, J.P.

SYLVIA O. HINDS-RADIX

HECTOR D. LASALLE

VALERIE BRATHWAITE NELSON, JJ.

2017-01063 Carlos Villada, appellant-respondent, v IDB Group, Property & Building Corp., defendant, 452 Fifth Owners, LLC, et al., respondents-appellants, et al., respondent. (Index No. 25332/12)

DECISION & ORDER ON MOTION

Motion by the appellant-respondent to enlarge the time to perfect an appeal and cross appeals from an order of the Supreme Court, Queens County, dated December 1, 2016. Cross motion by the respondent-appellant 452 Fifth Owners, LLC, to stay the trial in the above-entitled action pending hearing and determination of the appeal and cross appeals.

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 cross motion and no papers having been filed in opposition or in relation thereto, it is

ORDERED that the motion is granted, the appellant-respondent's time to perfect the appeal is enlarged until January 9, 2018, and the joint record or appendix on the appeal and cross appeals (see 22 NYCRR 670.8[c][1]) and the appellant-respondent's brief shall be served and filed on or before that date; and it is further,

ORDERED that the respondents-appellants shall serve and file their respective answering briefs, including the points of argument on the cross appeals, in accordance with the rules of this Court (see 22 NYCRR 670.8[c][3]); and it is further,

ORDERED that the cross motion is denied.

LEVENTHAL, J.P., HINDS-RADIX, LASALLE and BRATHWAITE NELSON, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court