Appellate Division: Second Judicial Department

M243199

E/ct

MARK C. DILLON, J.P.

ROBERT J. MILLER

BETSY BARROS

LINDA CHRISTOPHER, JJ.

2017-00419 Maria Twarog, respondent, v Maria Ortiz-Deviteri, et al., appellants. (Index No. 4228/14)

DECISION & ORDER ON MOTION

Motion by the appellants to stay the trial in the above-entitled action, pending hearing and determination of an appeal from an order of the Supreme Court, Queens County, dated November 23, 2016. Cross motion by the respondent to dismiss the appeal as frivolous or, in the alternative, to enlarge the time to serve and file a brief and for a preference in the calendaring of the appeal.

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

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

ORDERED that the branch of the cross motion which is to enlarge the time to serve and file a brief is granted, the respondent's time to perfect the appeal is enlarged until January 16, 2018, and the respondent's brief shall be served and filed on or before that date; and it is further,

ORDERED that the branch of the cross motion which is for a preference in the calendaring of the appeal is granted and the appeal will be calendared expeditously after all of the briefs have been filed; and it is further,

ORDERED that the cross motion is otherwise denied.

DILLON, J.P., MILLER, BARROS and CHRISTOPHER, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court