Appellate Division: Second Judicial Department

M250149

E/afa

WILLIAM F. MASTRO, J.P.

SHERI S. ROMAN

COLLEEN D. DUFFY

VALERIE BRATHWAITE NELSON, JJ.

2017-05885 Deborah Benjamin, respondent, v Edward Assad, et al., appellants. (Index No. 7778/16)

DECISION & ORDER ON MOTION

Motion by the respondent to dismiss an appeal from an order of the Supreme Court, Nassau County, entered April 27, 2017, on the ground that it has been rendered academic or, in the alternative, to enlarge the record to include certain documents and to enlarge the time to serve and file a brief. Separate motion by the respondent to enlarge the time to serve and file a brief. Application by the respondent pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to serve and file a brief.

Upon the papers filed in support of the motion, inter alia, to dismiss the appeal and the papers filed in opposition thereto, and upon the papers filed in support of the motion for an enlargement of time and in support of the application and no papers having filed in opposition or in relation 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 record is denied; 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 and the motion and the application for that relief are granted, the respondent's time to serve and file a brief is enlarged until June 15, 2018, and the respondent's brief shall be served and filed on or before that date.

MASTRO, J.P., ROMAN, DUFFY and BRATHWAITE NELSON, JJ., concur.

ENTER:

Aprilanne Agostino

Clerkof the Court