Ben-Efraim v Demiris
Motion No: 2017-05864
Slip Opinion No: 2018 NY Slip Op 68058(U)
Decided on March 27, 2018
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

M247997

E/afa

WILLIAM F. MASTRO, J.P.

JEFFREY A. COHEN

FRANCESCA E. CONNOLLY

VALERIE BRATHWAITE NELSON, JJ.

2017-05864

Nilly Ben-Efraim, appellant,

v Harry Demiris, etc., respondent.

(Index No. 10260/13)

DECISION & ORDER ON MOTION

Motion by the respondent to dismiss an appeal from an order of the Supreme Court, Nassau County, entered April 19, 2017, on the ground that it has been rendered academic 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 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 respondent's time to serve and file a brief is granted, the respondent's time to serve and file a brief is enlarged until April 27, 2018, and the respondent's brief shall be served and filed on or before that date.

MASTRO, J.P., COHEN, CONNOLLY and BRATHWAITE NELSON, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court