Appellate Division: Second Judicial Department

M251575

E/sl

ALAN D. SCHEINKMAN, P.J.

WILLIAM F. MASTRO

JOSEPH J. MALTESE

ANGELA G. IANNACCI, JJ.

2017-13245 Century 21 Fulton, LLC, appellant-respondent, v Albee Development, LLC, et al., respondents- appellants. (Index No. 515722/17)

DECISION & ORDER ON MOTION

Motion by the respondents-appellants to enlarge the time to serve and file a brief on an appeal and a cross appeal from an order of the Supreme Court, Kings County, dated November 30, 2017, and, in effect, to stay enforcement of the order pending hearing and determination of the appeal. Separate motion by the respondents-appellants to dismiss the appeal on the ground that it has been rendered academic. Cross motion by the appellant-respondent to direct that any extension of time granted to the respondents-appellants be marked final.

Upon the papers filed in support of the motion to enlarge the time to serve and file a brief and no papers having been filed in opposition or in relation thereto, and upon the papers filed in support of the motion and the papers filed in opposition thereto, it is

ORDERED that the motion to enlarge the time to serve and file a brief is granted, the respondent-appellant's time to serve and file its answering brief, including its points of argument on the cross appeal (see 22 NYCRR 670.8[c][3]), is enlarged until July 23, 2018, and the answering 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 motion to dismiss the appeal is denied; and it is further,

ORDERED that the cross motion is denied as unnecessary.

SCHEINKMAN, P.J., MASTRO, MALTESE and IANNACCI, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court