Spodek v Neiss
Motion No: 2017-04759
Slip Opinion No: 2018 NY Slip Op 73404(U)
Decided on May 24, 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

M250510

E/afa

ALAN D. SCHEINKMAN, P.J.

RUTH C. BALKIN

LEONARD B. AUSTIN

ROBERT J. MILLER, JJ.

2017-04759, 2017-07100, 2017-07111,

2017-07112, 2017-07114

Andrew H. Spodek, etc., et al.,

respondents-appellants, et al., plaintiff,

v Charles Neiss, etc., et al., appellants-

respondents, Moses Fried, et al., respondents,

et al., defendant.

(Index No. 32644/96)

DECISION & ORDER ON MOTION

Motion by the respondents-appellants on an appeal and cross appeal from a judgment of the Supreme Court, Nassau County, entered March 30, 2017, and appeals from four judgments of the same court, two entered March 30, 2017, one dated March 28, 2017, and one entered April 5, 2017, to enlarge the time to serve and file their answering brief. Separate motion by the respondents to enlarge the time to serve and file a brief.

Upon the papers filed in support of the motions and no papers having been filed in opposition or in relation thereto, it is

ORDERED that the respondents-appellants' motion is granted, the respondents-appellants' time to serve and file their answering brief, including their points of argument on the cross appeal (see 22 NYCRR 670.8[c][3]) is enlarged until June 22, 2018, and the respondents' brief shall be served and filed on or before that date; and it is further,

ORDERED that no further enlargement of time shall be granted; and it is further,

ORDERED that the respondents' motion is denied as premature.

SCHEINKMAN, P.J., BALKIN, AUSTIN and MILLER, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court